High Court refuses mandatory order against two prison governors

10/12/20

Mr Justice Miles today refused an application to add the Governors of HMP Holleseley Bay and HMP Pentonville to a substantial commercial claim. The Claimants sought to add the governors for the purpose of requiring them to provide certain facilities to one of the Defendants, Mr Rizwan Hussain, who is incarcerated for contempt.

The Claimants were concerned that Mr Hussain – who is not represented by solicitors – would be unable to prepare for the expedited trial. As a consequence, they were concerned that he would argue that the trial could not proceed fairly. They sought orders mandating the governors to take a number of specific steps, including providing Mr Hussain with access to computers, the internet, printing facilities and copying services.

Mr Justice Miles refused to add the governors to the claim. He also declined to make any order requiring them to take specific steps to support Mr Hussain. Rather, he agreed – consistent with the approach in Kent County Council v X [2017] WLUK 85 – to request (not require): (i) the production of Mr Hussain at the trial; and (ii) the governors to consider any application by Mr Hussain for support and assistance, consistent with their existing guidance.