Facts
- A prisoner was charged with disciplinary offences while in prison
- A claim was bought in private law asserting a public law right
- At the time, solicitors advised bringing claims with private actions as they were far more likely to succeed than judicial review claims
Issue
- Could a private law remedy be attained
Decision
- No, claim failed
Reasoning
- The exclusive principle: you cannot assert a public law right against a public body with a private law action; the judicial review process exists to ensure that public bodies are protected
