John McKendrick QC acts for the Official Solicitor in the Administrative Court

John McKendrick QC was instructed to represent the Official Solicitor in her capacity as statutory office holder in the recent case of EG v Parole Board and Others.

The Official Solicitor occasionally, but rarely, acts as office holder rather than litigation friend before the courts.

Mrs Justice May was required to determine the consequences of the uncertainty of how an incapacitated prisoner could pursue his appeal before the Parole Board without an accredited representative or a litigation friend. The EHRC, Law Society, Lord Chancellor and the Official Solicitor were added to the proceedings.

Mrs Justice May interpreted the 2019 Parole Board Rules to permit the appointment of litigation friends and found EG had been the subject of a violation of his article 5 (4) ECHR rights.

The detailed judgment can be found here.

John advises and practises in the fields of public and commercial law. To find out more, contact David Smith on (+44 (0)20 7427 4905) or Colin Bunyan on +44 (0)20 7427 4886 for a confidential discussion.

News 10 Jun, 2020