...Prison, Ex p Hardial Singh [1984] 1 WLR 704 ("the Hardial Singh principles"). He also claimed a declaration that his...unlawful detention on the grounds that, in his case, there has been a breach of the Hardial Singh principles? (paras 102-148 below) (v) Are the appellants entitled to an award of exemplary damages.... Importantly, there were no releases on the basis of Hardial Singh principles. Indeed, Cullen 1 represented a modest relaxation of the previous position. 22. It is convenient to...

...approach to detention under paragraph 2(3). Three particular authorities bear helpfully on this and it is convenient to refer to them at once. (i) Re Hardial Singh [1984...possession of opium and sentenced to four years imprisonment with a recommendation for deportation. Like Hardial Singh (and the present appellant) he was served with a deportation order during the term...Office had been making unsuccessful efforts to persuade the German authorities to take him back. Having referred to Hardial Singh, Laws J said this: While, of course, Parliament is entitled...

...enunciated by Woolf J in the Hardial Singh case [1984] 1 WLR 704 are statements of the limitations on a statutory power of detention pending removal. In the..., [2005] 2 AC 68, para 8 Lord Bingham of Cornhill said that Woolf J's guidance in Hardial Singh had never been questioned. In R (I) v Secretary...46, Dyson LJ said that counsel had correctly submitted that the following four principles (the Hardial Singh principles) emerge from it:"(i) The Secretary of State must intend to deport the...

...applying the principles in R v Governor of Durham Prison, ex parte Hardial Singh [1984] 1 WLR 704 as restated in the..., [2012] 1 AC 245. In essence it was contended by the Secretary of State that the judge misdirected himself in the application of the Hardial Singh principles in that he did not give proper...was asserted that the detention was lawful on Hardial Singh principles. 13. In September 2010 the claimant was moved to detention in England and his detention continued. The...

...September 2011, during which he alleged that he had been detained in contravention of the principles set out in R v Governor of Durham Prison ex parte Hardial Singh [1984...the third period, he submitted that the Hardial Singh principles apply to detention under sub-paragraph (1) just as much as to detention under sub-paragraph (2) and that therefore on the judge's...detain. He also accepted that in cases where the Hardial Singh principles apply the detainee will be entitled to require the Secretary of State to exercise her power to order his release. He submitted...

...Prison, Ex p Hardial Singh [1984] 1 WLR 704 where, following a two-year prison sentence for burglary, the applicant was served with a....   There is one other case which applied the Hardial Singh principles to which I must briefly refer, the decision of the Privy Council in...21. 33.   To my mind the Hardial Singh line of cases says everything about the exercise of the power to detain (when properly it can be exercised and when it cannot); nothing about...

...the "Hardial Singh principles" were applicable to this immigration detention and applicable to it from the start. The Hardial Singh principles are well known and can be found encapsulated in Lord...22. There are four relevant principles and this case centres around principle 3, which I will call "Hardial Singh 3". The Hardial Singh principles are: 1) The Secretary of State must.... Then: "Hardial Singh 3": "If, before the expiry of the reasonable period, it becomes apparent that the Secretary of State will not be able to effect a...

...unlawful but not determinative of it. The lawfulness of the detention is, he submits, dependent on the well known principles set out in Re Hardial Singh [1984...Hardial Singh principles, taking into account all the relevant factors, including the Secretary of State's policy, not only with regard to people with mental health problems but in all other relevant...authorities under two main headings. In the first category of authorities, he considered Hardial Singh itself and the restatement of the Hardial Singh principles in R(I) v Secretary...

...public law errors, (2) breach of the principles in R v Governor of Durham Prison, ex p. Hardial Singh [1984] 1 WLR 704...("Hardial Singh"), and (3) breach of article 5 ECHR. The case was listed before us under the initials "MM" but it was accepted on the appellant's behalf at the hearing that there was no basis for the...20. The essential nature of the appellant's case before the deputy judge was that the detention was in breach of the principles in Hardial Singh. Having considered the general approach he should...

...deprivation of liberty. At a hearing on 28 and 29 January 2014 SIAC considered the application of the Hardial Singh principles (R v Governor of Durham Prison, Ex p Hardial...incompatible with Hardial Singh principles. He contended that if that were so, and he could not lawfully be detained, SIAC no longer had jurisdiction to grant bail to B or to impose bail conditions...provisions as they were at the time of the Court of Appeal's decision.Hardial Singh principles24. The Hardial Singh principles form an important part of the background to...

...Article 5. He invokes the "Hardial Singh principles", whose applicability is common ground. 3. There are four Hardial Singh principles, authoritatively recognised by the Supreme Court in...particular. By way of convenient labelling only, I will call the four Hardial Singh principles (i) "the purpose principle", (ii) "the duration principle", (iii) "the removability principle" and (iv) "the...application of the Hardial Singh principles is to be approached objectively by the judicial review court: see, for example, Abraha [2015] EWHC 1980 (Admin) at paragraph 33; DZ...

...by reference to the principles laid down by Woolf J. in Reg. v. Governor of Durham Prison, ex parte Hardial Singh [1984] 1 WLR 704. That case was...enunciated in Hardial Singh had no application in determining the legality of the detentions of Vietnamese boat people which fell to be determined solely by reference to the terms of Part IIIA of the.... On the appeal before their Lordships Mr. Beloff, for the applicants, submitted that the Court of Appeal was in error (a) in holding that the Hardial Singh principle has no application to the...

...and fourth principles described in R v Governor of Durham Prison ex p Hardial Singh [1984] 1 WLR 704 ("the Hardial...August 2018 submissions such as to extend the length of detention. Further, that the 'end point' at which release under the second or third Hardial Singh principles would be required had not been...provided by Schedule 3 of the Immigration Act 1971. Lawful exercise of that power requires adherence to the four Hardial Singh principles, as considered and refined in subsequent cases. Those principles...

...) that this contention was plainly based on the principles expounded by Woolf J as he then was in Hardial Singh [1984] 1 WLR 704, to which I will...set out in Hardial Singh. The essential reasoning in that case is contained in Woolf J's judgment at page 706 as follows: "Although the power which is given to the Secretary of State in...Secretary of State [2003] INLR 196 at paragraph 46 Dyson LJ distilled what was said in Hardial Singh to these four propositions: "(i) The...

...careful judgment Calvert-Smith J examined a number of authorities to which we have also been referred, including R v Governor of Durham Prison, ex parte Hardial Singh [1984.... The period which is reasonable will depend on the circumstances of the case. 44. Those principles were first established by Woolf J in his judgment in Hardial Singh (at 706), which...enforced removal, and the premise to that question was his unwillingness to go. Simon Brown LJ rejected that argument. He noted that in Hardial Singh it had been regarded as a factor in the applicant's...

...Hardial Singh [1984] 1 WLR 704, at some point during that period the claimant's detention became unlawful. 38. In the course.... 42. Adopting the terminology used by Lord Dyson in paragraph 22 of Lumba, Ms. Harrison relies primarily on Hardial Singh principle (iii). She relies to a lesser extent on Hardial Singh principle...no breach of Hardial Singh principles (iii) or (iv). 48. Having summarised the arguments as they finally emerged, I must now proceed to a decision. 49. It is first...

...1. This is an application for habeas corpus by Mr Hardial Singh which, in my view, raises an issue of considerable importance as to how long it is proper for the Home...unreported, re: Sital Singh, 8 July 1975, was another decision of the Divisional Court. The judgment of the court in that case was given by Milmo J. It concerned a suspected illegal entrant. The...there is a real distinction between the Sital Singh case and this case in that there the applicant was an illegal entrant who should never have been in this country at all. That cannot be said of the...

.... The classic decision of Woolf J (as he then was) in R v Governor of Durham Prison ex parte Hardial Singh [1984] 1 WLR...principles that fall to be applied in the present case. They were stated by Woolf J in Re Hardial Singh [1984] 1 WLR 704, 706D in the passage quoted by...evidence that thus far Mr Abdi has not been unlawfully detained so as to entitle him to damages. But in all the circumstances he should now be released, as I conclude, on the application of Hardial Singh principles...

...detention has not been unlawful. The issues4. The issues are Hardial Singh issues (R v Governor of Durham Prison ex p Hardial Singh [1984...Hardial Singh principles; he showed me the minute of the decision to detain the claimant, in which the claimant was said to be using the name Sharfiq Rehman. The minute also recorded the claimant's past...application to the Pakistan High Commission for an emergency travel document ('ETD'). 5. Mr Ahmed contends that the claimant's detention became incompatible with the Hardial Singh principles...

...exceeded that permitted by the Hardial Singh (R v Governor of Durham Prison ex p Hardial Singh [1984...decisions. It is to be noted that the period in Hardial Singh which Woolf J regarded as bordering on unreasonable was only some 4 months, but since then courts have recognised the increased pressure...