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14 June 2007
Issue: 7277 / Categories: Case law , Law digest
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Habeas Corpus

Hilali v Governor of Whitemoor Prison [2007] EWHC 939 (Admin); [2007] All ER (D) 210 (Apr)

The court gave guidance on the availability habeas corpus, in a case where the defendant was arrested under a European arrest warrant, the statutory extradition process was at an end, but he contended that new information was available undermining the basis on which extradition had been ordered.

Held: in exceptional circumstances, habeas corpus should be available as a remedy additional to the statutory appeals procedure. Where a person has been deprived of his liberty as the result of a decision which is later seen to have been based on a false factual premise, but no appeal procedure is available to restore that person’s liberty, some other process must be available to fill the breach.

In such circumstances (namely, the undermining of the factual premise of the judge’s decision), the further proceedings would not amount to the questioning of the judge’s decision. Rather, the proceedings would be based on the acceptance that the judge’s decision had been correct at the time but an assertion that the facts had changed to such an

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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