O'Reilly v Mackman

Parliamentary Archives,
HL/PO/JU/18/242

O'Reilly and others (A.P.) (Appellants)

v.
Mackman and others (Respondents)

JUDGMENT
Die Jovis 25° Novembris 1982

Upon Report from the Appellate Committee to whom was
referred the Cause O'Reilly and others (Assisted Persons)
against Mackman and others. That the Committee had heard
Counsel as well on Monday the 11th as on Tuesday the 12th
and Wednesday the 13th days of October last upon the
Petition and Appeal of Christopher Noel O'Reilly of 6
Emneth Close, Wells Road, Nottingham, Alexander Vernon
John Derbyshire currently detained at H.M. Prison,
Longlartin and David Martin Dougan of 50 Kennishead
Avenue, Glasgow G46 83H praying that the matter of the
Order set forth in the Schedule thereto, namely an Order
of Her Majesty's Court of Appeal of the 30th day of June
1982 might be reviewed before Her Majesty the Queen in Her
Court of Parliament and that the said Order might be
reversed, varied or altered or that the Petitioners might
have such other relief in the premises as to Her Majesty
the Queen in Her Court of Parliament might seem meet; as
also upon the Case of E. W. Mackman, J. A. Rundle and
C. Brady lodged in answer to the said Appeal; and due
consideration had this day of what was offered on either
side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in the Court of Parliament of Her Majesty the
Queen assembled, That the said Order of Her Majesty's
Court of Appeal (Civil Division) of the 30th day of June
1982 complained of in the said Appeal be, and the same is
hereby, Affirmed and that the said Petition and Appeal be,
and the same is hereby, dismissed this House: And it is
further Ordered, That the Appellants' Costs be taxed in
accordance with the provisions of Schedule 2 to the Legal
Aid Act 1974.

Cler: Parliamentor:

HOUSE OF LORDS

O'REILLY (A.P.) AND OTHERS
(APPELLANTS)

v.

MACKMAN AND OTHERS
(RESPONDENTS)

MILLBANKS (A.P.)
(APPELLANTS)

SECRETARY OF STATE FOR THE HOME OFFICE

AND OTHERS
(RESPONDENTS)

(CONJOINED APPEALS)

Lord Diplock
Lord Fraser of Tullybelton
Lord Keith of Kinkel
Lord Bridge of Harwich
Lord Brightman

Lord Diplock

my lords,

At the time of the commencement by the appellants of the actions in
which these consolidated appeals are brought each of the appellants was
serving a long sentence of imprisonment which even now has not expired.
By those actions, which were commenced in 1980, in the case of the
appellant Millbanks, by originating summons and, in the case of the other
appellants, by writ, each appellant seeks to establish that a disciplinary
award of forfeiture of remission of sentence made by the Board of Visitors
of Hull Prison (" the Board ") in the exercise of their disciplinary jurisdic-
tion under Rule 51 of the Prison Rules 1964 is null and void because
the Board failed to observe the rules of natural justice. Millbanks in the
indorsement to his originating summons alleges bias on the part…