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Power games

11 October 2007 / Nicholas Dobson
Issue: 7292 / Categories: Features , Public
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Was the government’s recent decision to end a discretionary compensation scheme an abuse of power? asks Nicholas Dobson

The legality of Charles Clarke’s decision to withdrew the ex gratia compensation scheme for miscarriages of justice was challenged by the claimants in R (Niazi and others) v Secretary of State for the Home Department and another [2007] EWCA Civ 1495, [2007] All ER (D) 302 (Jun) on the grounds of procedural fairness, abuse of power, irrationality and also legitimate expectation.

The former home secretary’s written ministerial statement, issued on 19 April 2006, indicated that since the government currently paid compensation under both a statutory scheme (the Criminal Justice Act 1988, s 133) and a discretionary scheme, the latter—which cost over £2m per year to operate but benefited only between five and 10 applicants—was confusing and anomalous and could not continue to be justified.

In Niazi, Lord Justice May noted that it was not possible to spell out from the ministerial statement, or past practice relating to the discretionary scheme, any representation or promise that it would

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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