M v Home Office

Facts

A judge was told that an asylum seeker would not be removed while his case was considered. He was removed anyway, and the Home Secretary did not arrange his return in breach of the judge's order.

Issue

Could the courts make coercive orders against a minister and find him in contempt?

Held

Yes. Injunctions can be granted against ministers, and the Home Secretary in his official capacity was in contempt.

Principle

Ministers are subject to the orders of the courts. The executive is not above the law.

Why it matters

Supports Dicey's idea of equality before the law.

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