PH v Secretary of State [2004] EWCST 441(PC) (26 August 2005)

P. H
-v-
Secretary of State
[2005] 441.PC
[2005] 442.PVA

DECISION IN ACCORDANCE WITH REGULATION 33(2)

1.	The Appellant appealed the decision of the Secretary of State dated 28th October 2004 to confirm his name on both the PoCA list and the PoVA list.
2.	By letter received by FAX by the Tribunal on 24th August 2005, Treasury Solicitors acting for the Secretary of State wrote to the Secretary to the Tribunal  as follows: “We are instructed that the Secretary of State, having considered carefully the issues arising in this appeal, wishes to withdraw from the appeal.”
3.	Accordingly, in accordance with Regulation 33(2), I determine both appeals in the Appellant’s favour.
4.	On the application of the Solicitor representing the Applicant, I make a Restricted Reporting Order under Regulation 18(2) prohibiting the publication (including by electronic means) in a written publication available to the public, or the inclusion in a relevant programme for reception in England and Wales, of any matter likely to lead members of the public to identify the applicant, or any other adult whose evidence has been material to these proceedings.

APPEAL ALLOWED

His Honour Judge David Pearl
President
26th August 2005