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11 June 2015
Issue: 7656 / Categories: Legal News
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No compensation for injustice

High Court refuses claims by Sam Hallam & Victor Nealon

Two men who suffered miscarriages of justice have lost their fight for compensation in the High Court.

Sam Hallam served more than seven years for murder while Victor Nealon served 17 years for attempted rape. Both men had their convictions overturned after the appeal court ruled that fresh evidence made their conviction unsafe.

The government narrowed eligibility for compensation last year to cases where it is proved beyond reasonable doubt that they did not commit the offence. The Ministry of Justice (MoJ) contended that the fresh evidence did not prove beyond reasonable doubt that either man did not commit the offence. The men argued that the law violates the presumption of innocence.

Ruling in R (on the applications of Hallam and Nealon) v Ministry of Justice [2015] EWHC 1565 (Admin) this week, Lord Justice Burnett and Mrs Justice Thirlwall dismissed the men’s argument that their Art 6(2) human rights were breached by the restriction on compensation in miscarriage of justice cases.

They rejected the claimants’ argument that the European Court of Human Rights judgment in Allen v UK (App No 25424/09) was authority for the conclusion that the law on compensation was incompatible with Art 6(2). Instead, they accepted the MoJ’s argument that the Supreme Court’s decision in R (Adams) v Secretary of State for Justice [2011] UKSC 18, was binding authority for the conclusion that Art 6(2) has no bearing on the law, even though that case was decided before the law was changed.

Mark Newby of Quality Solicitors Jordans, who acted for Nealon, says: “It would be difficult for any member of the public to make any sense out of this. It cannot be right to send people to prison for decades quash their conviction and then not compensate them for all that they have suffered.”

Issue: 7656 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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