Sean Fitzgerald, R (on the application of) v The Parole Board for England and Wales

Facts

Mr Fitzgerald was sentenced to life imprisonment on 7 May 2010 for a murder committed on 16 April 2009, with a minimum term of 13 years which, allowing for a qualifying curfew, expired on 14 September 2022. Following an oral hearing in October 2020 the Parole Board recommended his transfer to open conditions, and he moved to HMP Hollesley Bay in March 2021. On an on-tariff review, a single panel member directed an oral hearing in April 2022 and the case was ready to list; a hearing date of 11 August 2022 was abandoned because a report was outstanding, and although the dossier was complete by 3 August 2022 nothing further was done. A duty member refused to prioritise the case on 17 October 2022. A hearing was eventually held on 15 August 2023, when release was directed, and Mr Fitzgerald was released on 7 November 2023. He had issued judicial review proceedings against the Parole Board, joining the Secretary of State for Justice; Eyre J granted permission on the delay ground but refused permission for the systemic challenge. Fordham J held that there had been a ten-month breach of article 5(4) of the ECHR and awarded £10,000 under the Human Rights Act, but made no order for costs. Mr Fitzgerald appealed against the costs order with permission from Nugee LJ.