The judge had made an order on the basis that a non-derogating control order was flawed. The order had been appealed successfully. He now faced a question, at the directions stage, as to whether he could hear the case again after it was remitted to his division.
Held: He could indeed hear the case. The wording of the Act did not oust the standing principle that a judicial decsion should be respected in subsequent proceedings between the same parties. There was therefore no objective reason for the same judge to rehear the case on it being remitted.
Judges:
Stanley Burnton J
Citations:
[2007] EWHC 2828 (Admin), Times 17-Dec-2008, [2008] ACD 20, [2008] 2 All ER 67
Links:
Statutes:
Prevention of Terrorism Act 2005 3(10) 10(4)
Jurisdiction:
England and Wales
Criminal Practice
Updated: 05 December 2022; Ref: scu.261646
