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Daniel Garner represented a client in a high-profile judicial review – Parole Board guidance on the ‘at risk’ period for determinate sentence prisoners is declared unlawful by the High Court

May 2, 2023/0 Comments/in Uncategorized /by Alan Viles

R(Dich & Murphy) v Parole Board [2023] EWHC 945 (Admin) – Daniel successfully represented Mr Murphy in a judicial review of the Parole Board’s failure to direct Mr Murphy’s case to an oral hearing. The Court found that fairness required that Mr Murphy be given a right to an oral hearing as there were significant […]

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Evie Smith, manager at our charity Intervene Project was interviewed by the Chambers Student

July 19, 2022/0 Comments/in News /by Alan Viles

Standing up for prisoners rights with the Intervene Project    

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https://kesarandcosolicitors.co.uk/wp-content/uploads/2019/05/logo-kesar4-300x141.png 0 0 Alan Viles https://kesarandcosolicitors.co.uk/wp-content/uploads/2019/05/logo-kesar4-300x141.png Alan Viles2022-07-19 15:59:322022-07-19 15:59:32Evie Smith, manager at our charity Intervene Project was interviewed by the Chambers Student

The Student Lawyer interviewed Evie Smith about access to justice, legal aid cuts and importance of the Intervene Project for the growing prison population

March 7, 2022/0 Comments/in News /by Alan Viles

Tackling Injustice in Prisons – with the Intervene Project

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https://kesarandcosolicitors.co.uk/wp-content/uploads/2019/05/logo-kesar4-300x141.png 0 0 Alan Viles https://kesarandcosolicitors.co.uk/wp-content/uploads/2019/05/logo-kesar4-300x141.png Alan Viles2022-03-07 18:17:162022-03-07 20:07:03The Student Lawyer interviewed Evie Smith about access to justice, legal aid cuts and importance of the Intervene Project for the growing prison population

Intervene Project: Striving to Plug the Exponentially Increasing Legal Aid Gap by Providing Free Representation to Prisoners

January 6, 2022/0 Comments/in News /by Alan Viles
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The Law’s Delay In The English And Welsh Criminal Justice System – Nothing New and Nothing Changing

December 15, 2021/0 Comments/in News /by Alan Viles

Charles Denney Originally published in Human Rights Pulse 11 December 2021 In the wake of the recent Autumn Budget, the UK government has promised an additional £2.2bn to deal with the backlog in the Crown Court, the court where, before a judge and jury, the most serious criminal trials are heard for offences including rape […]

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https://kesarandcosolicitors.co.uk/wp-content/uploads/2019/05/logo-kesar4-300x141.png 0 0 Alan Viles https://kesarandcosolicitors.co.uk/wp-content/uploads/2019/05/logo-kesar4-300x141.png Alan Viles2021-12-15 11:38:222021-12-15 11:38:22The Law’s Delay In The English And Welsh Criminal Justice System - Nothing New and Nothing Changing

Violence, Lies, And Pushbacks As Part Of Greece’s “De Facto” Policy Towards Migrants

December 14, 2021/0 Comments/in News /by Alan Viles

Charles Denney Originally published in Human Rights Pulse October 7, 2021 On 23 June 2021 Amnesty International released a report entitled “Greece: Violence, Lies, and Pushbacks” documenting the treatment of migrants (this term is used neutrally here and includes those applying for international protection) attempting to enter Greece from Turkey either in the Evros region […]

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Shkar talks about rehabilitation of prisoners on LBC

November 10, 2021/0 Comments/in News /by Alan Viles

Click “Read More” to listen to Shkar talking about the rehabilitation of prisoners.

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https://kesarandcosolicitors.co.uk/wp-content/uploads/2019/05/logo-kesar4-300x141.png 0 0 Alan Viles https://kesarandcosolicitors.co.uk/wp-content/uploads/2019/05/logo-kesar4-300x141.png Alan Viles2021-11-10 09:53:142021-11-10 09:57:47Shkar talks about rehabilitation of prisoners on LBC

Trans women in female jails policy lawful, High Court rules

July 5, 2021/0 Comments/in News /by Alan Viles

R(FDJ) v Secretary of State for Justice [2021] EWHC 1746 (Admin) This case concerned the lawfulness of the Secretary of State’s policies on the care and management of trans prisoners in England and Wales.  Killian Moran and Bethany Jackson acted for the Intervener in this case, Dr Sarah Lamble, a member of the Bent Bars Collective. […]

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https://kesarandcosolicitors.co.uk/wp-content/uploads/2019/05/logo-kesar4-300x141.png 0 0 Alan Viles https://kesarandcosolicitors.co.uk/wp-content/uploads/2019/05/logo-kesar4-300x141.png Alan Viles2021-07-05 20:37:332021-07-05 20:49:39Trans women in female jails policy lawful, High Court rules

Prison Law with Shkar Kider.

March 24, 2021/0 Comments/in News /by Alan Viles

Shkar Kider recently took part in a podcast with LegalTea to discuss his work in prison law.  Click on the heading to hear Prison Law with Shkar Kider.

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https://kesarandcosolicitors.co.uk/wp-content/uploads/2019/05/logo-kesar4-300x141.png 0 0 Alan Viles https://kesarandcosolicitors.co.uk/wp-content/uploads/2019/05/logo-kesar4-300x141.png Alan Viles2021-03-24 16:43:452021-03-24 17:43:15Prison Law with Shkar Kider

Excluding Exclusion Zones – A Balancing of Rights

March 5, 2021/0 Comments/in News /by Alan Viles

The exercise of balancing the rights of a victim of crime with a perpetrator of crime is a delicate subject. Our criminal justice system is, in part, rehabilitative. Offenders should be able to lead a normal life on release where possible. But victims of serious offences can raise legitimate concerns, especially regarding contact with offenders. […]

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Judgment was handed down on 21 March 2025 in the case of R (on the application of Owen) v Parole Board for England and Wales [2025] EWHC 590 (Admin) where Malcolm Tebb and Shannon Crawford acted for the Claimant, finding that that Parole Board’s decision to conclude an oral hearing on the papers without hearing live evidence was unlawful. The Claimant was represented by Carl Buckley of 33 Bedford Row.

The Claimant had been recalled back to prison and had requested an oral Parole hearing from the Parole Board. The challenge was brought on the basis that the Parole Board had failed to properly consider and apply the principles in Osborn, and more recently, Somers.

The decision in Owen reiterates that it is in the fairness to the individual for the Parole Board to hold an oral hearing and to hear live evidence from the report authors. This is an important judgement to ensure fairness for all prisoners who are having their detention reviewed by the Parole Board.

His Honour Judge Eyre said at paragraph 31:

I am satisfied that when matters are seen in the round, fairness requires there to be an oral hearing. In the absence of a hearing, there is a real risk of the decision about the Claimant's liberty being made on a factual basis which he wishes to dispute and which he believes to be incorrect. A basis, moreover, in respect of which the Claimant has competing points to advance and where it cannot be said that the asserted factual dispute is fanciful. Whether the points which the Claimant seeks to advance, and his factual assertions are ultimately accepted and whether the outcome will ultimately be different, are not the relevant questions. The position instead is that there will be unfairness if the Defendant proceeds to its determination without the Claimant being given an opportunity to advance his case at an oral hearing.

As a result, we succeeded in securing that the previous Parole Board’s decision was quashed and an oral hearing before the Parole Board was directed in line with the Parole Board’s prioritisation framework.

Judgement can be found at: https://lnkd.in/ed_NQGqX

hashtag#prisons hashtag#prisoners hashtag#parole

Our asylum seeking client and her two toddlers have not had it easy but they are finally settling down. ☺️ The Home Office failed to properly exercise its discretion and delayed to provide Section 95 accommodation, then provided grossly inadequate initial accommodation - one room in a hotel for a family of 4, miles away from our client’s support system. Our client felt her mental health plummet as her anxiety and insomnia worsened and her toddlers, accustomed to their home-cooked cultural foods, struggled with the hotel food and developed rashes. We are so pleased that after serving the pre-action letter, the family have now been moved to a suitable property closer to our client’s support network, where they can reside longer-term until our client’s asylum claim is decided. Our client now has self catering accommodation and her toddlers are happily eating their home cooked food again! Thank you Kesar and Co Solicitors for the opportunity to do such meaningful work and thank you to Simon Cox of Counsel.

Although it has been almost 10 months since the lead claimant made a funding application , we are not just waiting for legal aid. More claimants have been added to our list, more claims have been issued and additional expert evidence may soon be available.

A new update will be sent to all those who have contacted us including the former Dartmoor staff members, healthcare workers etc. Radon can cause serious health problems and if you have been exposed to it and feel symptoms that you did not have before, do not delay contacting your doctors.

hashtag#radon hashtag#HMPDartmoor hashtag#cancer hashtag#radiation hashtag#prison

A little heart-warming message from our disabled client. It makes all the difference...

When a prison unlawfully opens a prisoner’s legal mail, it’s not just a technical breach—it’s a fundamental violation of their rights. Our client endured repeated breaches of legal mail confidentiality, causing significant distress, but when he raised complaints, he was met with intimidation from staff, accused of ‘finding a loophole in the system,’ and labelled a ‘serial litigator.’ He was also told that 'he would not get a penny from them'.

Our Sammy Bilton took action, challenging these breaches through legal proceedings. The result? A successful outcome, with our client receiving compensation and an acknowledgment of the wrongdoing. No one should face reprisals for asserting their legal rights.

hashtag#prisons hashtag#legalprivilege hashtag#legalaid hashtag#access2justice

Link to: Get in touch

Kesar & Co Solicitors is part of Kesar & Co Ltd. Company registration number 8235271.
Registered address: 27 London Road BR1 1DG.
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