header-logo header-logo

24 February 2011
Issue: 7454 / Categories: Case law , Law digest
printer mail-detail

Prisoners

Tovey and others v Ministry of Justice [2011] EWHC 271 (QB), [2011] All ER (D) 202 (Feb)

There were no reasonable grounds in domestic law for bringing a claim for damages or a declaration for being disenfranchised whilst a prisoner. Statute precluded it. Case law was against it. European authority was against the payment of compensatory damages in respect of it. A claim for a declaration was not hopeless, but difficult.

The fact the secretary of state (or the state) had not acted to remedy the contravention identified in Strasbourg authorities did not itself give rise to a claim for damages, because the express wording of statute prevented it. Even if he (or the state) had acted to fulfil the state’s obligations, it was far from certain that the second claimant himself would have had the vote, since there were many ways short of full prisoner enfranchisement which were capable of remedying the breach which the European Court had identified.
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll