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17 May 2007
Issue: 7273 / Categories: Legal News , Damages
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Legal bid to bring back compensation scheme for miscarriages of justice

Solicitors are mounting a legal challenge in the High Court against the Home Office decision to abolish a discretionary compensation scheme for victims of miscarriages of justice.

Seven firms—Bhatt Murphy, Bindman & Partners, Bird Solicitors, Fisher Meredith, Hickman & Rose, Hodge Jones & Allen and Stephensons—plus three individual claimants, mounted a judicial review last week, arguing the government acted “unfairly and unlawfully” when it abruptly ended the scheme last April. Judgment has been reserved.

Charles Clarke, the then Home Secretary, said the scheme was “confusing and anomalous”, predated international agreements and standards, cost an annual average of £2m to run and only benefited five to 10 people each year, when he announced its abolition.

A separate statutory scheme set up under the Criminal Justice Act 1988 to comply with the UK’s international law obligations still exists. Compensation is capped at £500,000.

Hickman & Rose partner, Jane Hickman, says: “The schemes cover different kinds of cases.

“The statutory scheme only covers people who are cleared when new evidence comes to light. Therefore all those prosecuted under different circumstances are

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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