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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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Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

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Firm appoints head of intellectual property to drive northern growth

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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