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R v Secretary of State for the Home Department, ex p Herbage [1986]

Facts

  • Herbage, a mentally ill prisoner who was likely subject to extradition proceedings, was placed in a prison hospital next to mentally ill inmates

Issue

  • Could a claim judicial review be made to obtain an injunction to secure proper treatment of Herbage

Decision

  • Yes

Reasoning

  • An injunction was granted against the Home Secretary
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