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Adams, Regina (on The Application of) v Secretary of State for Justice: Admn 4 Feb 2009

Claim for Judicial Review of a decision of the Secretary of State for Justice that the Claimant was not entitled to compensation for a miscarriage of justice, under s.133(1) of the Criminal Justice Act 1988. Citations: [2009] EWHC 156 (Admin) Links: Bailii Jurisdiction: England and Wales Administrative Updated: 21 August 2022; Ref: scu.420985

Siddall, Regina (on the Application of) v Secretary of State for Justice: Admn 16 Mar 2009

The claimant had been imprisoned then released after his conviction for sexual assaults. He appealed against rejection of his claim for compensation. The criterion for compensation was demonstrating that something had ‘gone seriously wrong in the conduct of the trial.’ Held: The claim failed. ‘a true analysis of the law is in any event less … Continue reading Siddall, Regina (on the Application of) v Secretary of State for Justice: Admn 16 Mar 2009

Andukwa, Regina (on The Application of) v Secretary of State for Justice: Admn 28 Nov 2014

The principal, although not only, issue raised in these judicial review proceedings is by reference to the application of s.133 of the 1988 Act to the circumstances of this case: in particular, and putting it in a short-hand way, whether the late appreciation that the applicant all along had a potentially complete defence to the … Continue reading Andukwa, Regina (on The Application of) v Secretary of State for Justice: Admn 28 Nov 2014

Ali and Others, Regina (on The Application of) v Secretary of State for Justice: CA 27 Feb 2014

The court considered the compensation to be awarded after through a miscarriage of justice, a claimant had been imprisoned. Judges: Maurice Kay, Patten, Sharp LJ Citations: [2014] EWCA Civ 194, [2014] 1 WLR 3202, [2014] 2 All ER 1063, [2014] WLR(D) 103 Links: Bailii, WLRD Statutes: Criminal Justice Act 1988 133 Jurisdiction: England and Wales … Continue reading Ali and Others, Regina (on The Application of) v Secretary of State for Justice: CA 27 Feb 2014

Sneddon, Regina (on The Application of) v Secretary of State for Justice: Admn 6 Nov 2015

The claimant had been convicted, and served a prison sentence. His victim later admitted lying and was himself convicted. The claimant’s convictions were quashed. He how sought review of the refusal of the defendant to pay compensation. The defendant had said that the test for a miscarriage of justice, that a ‘new fact’ had conclusively … Continue reading Sneddon, Regina (on The Application of) v Secretary of State for Justice: Admn 6 Nov 2015

Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019

These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or they are pardoned) because of the impact of fresh evidence. It was argued that the failure to make payment amounted to a denial of the right to the presumption of … Continue reading Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019

Allen (formerly Harris), Regina (on the Application of) v Secretary of State for Justice: CA 15 Jul 2008

The claimant appealed against refusal of a review of the defendant to allow her compensation after her conviction for manslaughter of her infant son was quashed. Held: The conviction had been based on flawed expert evidence. Article 6(2) had no application to section 133. Hughes LJ [2008] EWCA Civ 808, [2009] 1 Cr App R … Continue reading Allen (formerly Harris), Regina (on the Application of) v Secretary of State for Justice: CA 15 Jul 2008

Adams, Regina (on The Application of) v Secretary of State for Justice: SC 11 May 2011

The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. Held: The appeal of Adams was denied, but those of MacDermott and McCartney allowed (by majority). The … Continue reading Adams, Regina (on The Application of) v Secretary of State for Justice: SC 11 May 2011

Hallam and Another, Regina (on The Applications of) v The Secretary of State for Justice: CA 11 Apr 2016

The claimants had had their criminal convictions quashed, but had had claims for compensation rejected. They said that section 133(1ZA) of the 1988 Act (as amended) infringed their Human Rights by displacing the presumption of innocence. Held: The appeals failed. The Supreme Court had decided that the presumption of innocence had been displaced in such … Continue reading Hallam and Another, Regina (on The Applications of) v The Secretary of State for Justice: CA 11 Apr 2016

Regina v Secretary of State for Home Department, ex parte Bateman – Regina v Same ex parte Howse: QBD 5 May 1993

Compensation for a wrongful imprisonment should include circumstances of miscarriage of justice as well as pardons. A magistrate is not a public authority. The threshold of exceptionality is high: ‘It was essentially a question for the Secretary of State as to what he regarded as an exceptional case. It is difficult to imagine circumstances in … Continue reading Regina v Secretary of State for Home Department, ex parte Bateman – Regina v Same ex parte Howse: QBD 5 May 1993

Regina (Niazi) v Secretary of State for the Home Department: CA 9 Jul 2008

The claimants sought to challenge decisions to restrict payments made to victims of miscarriages of justice. A discretionary scheme had been stopped, and payments of applicants’ costs had been restricted to Legal Help rates. Held: The simple existence of a voluntary scheme could not create a legitimate expectation of its continuance. For the doctrine to … Continue reading Regina (Niazi) v Secretary of State for the Home Department: CA 9 Jul 2008

Raissi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 Feb 2007

The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no stage had any evidence been produced. Held: The 1988 Act provided only limited circumstances for a payment, but … Continue reading Raissi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 Feb 2007

Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004

The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had not been in prison. Held: The statutory scheme replaced an ex gratia scheme, and there … Continue reading Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004

In re McFarland: HL 29 Apr 2004

The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between counsel and the judge. His case had been overturned because he had been warned to expect a sentence … Continue reading In re McFarland: HL 29 Apr 2004

Hickey and others v Independent Assessor: CA 25 Feb 2004

Application for leave to appeal on measure of award of compensation for long time spent in prison as a result of miscarriage of justice. Citations: [2004] EWCA Civ 340 Links: Bailii Statutes: Criminal Justice Act 1988 133 Jurisdiction: England and Wales Citing: Appeal from – Regina (on the Application of O’Brien, Hickey, Hickey) v Independent … Continue reading Hickey and others v Independent Assessor: CA 25 Feb 2004

Regina (on the Application of Mullen) v The Secretary of State for the Home Department: QBD 21 Feb 2002

The applicant had been convicted in 1990 of conspiracy to cause explosions. He had been arrested by means of an unlawful eviction from Zimbabwe, and his appeal had been successful after ten years in prison. He now appealed against a refusal to award him compensation for his imprisonment, and said that the provision of ex … Continue reading Regina (on the Application of Mullen) v The Secretary of State for the Home Department: QBD 21 Feb 2002

Regina (Murphy) v Secretary of State for the Home Department; Regina (Brannan) v Same: Admn 10 Feb 2005

The appellants sought compensation for their imprisonment having been (Mr Brannan’s father) wrongly convicted. They sought to bring in new evidence. The first appellant and the second appellant’s father had been convicted of murder. The second appeal was after the police finally revealed evidence supporting the defendants’ defence that the victim had been armed. Held: … Continue reading Regina (Murphy) v Secretary of State for the Home Department; Regina (Brannan) v Same: Admn 10 Feb 2005

Bhatt Murphy (a firm), Regina (on the application of) v The Independent Assessor: CA 9 Jul 2008

The appellants each challenged alterations to the scheme for compensation of the victims of miscarriages of justice. Held: Laws LJ emphasised the special nature of the promise or practice which was necessary to give rise to a substantive legitimate expectation, saying: ‘Authority shows that where a substantive expectation is to run the promise or practice … Continue reading Bhatt Murphy (a firm), Regina (on the application of) v The Independent Assessor: CA 9 Jul 2008

Bateman and Howse, Regina (on the Application Of) v Secretary of State for the Home Department: CA 17 May 1994

The plaintiff had been convicted of several counts of receiving stolen goods and sentenced to six years’ imprisonment. He had appealed to the Court of Appeal on the ground that he had been convicted on the basis of evidence in statement form given by witnesses from New Zealand. His appeal failed. Some time later his … Continue reading Bateman and Howse, Regina (on the Application Of) v Secretary of State for the Home Department: CA 17 May 1994

Mullen, Regina (on the Application of) v Secretary of State for the Home Department: HL 29 Apr 2004

The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely serious failure to adhere to the rule of law with regard to the … Continue reading Mullen, Regina (on the Application of) v Secretary of State for the Home Department: HL 29 Apr 2004

Regina (on the Application of Mullen) v The Secretary of State for the Home Department: CA 20 Dec 2002

The applicant had been unlawfully taken from Zimbabwe, then tried and sentenced in the UK. His conviction was set aside as unsafe, but he had been refused damages. He appealed. Held: There was no substantial criticism of the trial itself, but the procedure under which he had been taken amounted to an abuse of process. … Continue reading Regina (on the Application of Mullen) v The Secretary of State for the Home Department: CA 20 Dec 2002

Re X: Admn 22 Apr 2004

Judges: Davis J Citations: [2004] EWHC 861 (Admin), [2004] 3 WLR 906, [2005] QB 133, [2004] 3 All ER 1077, [2004] ACD 51 Links: Bailii Statutes: Criminal Justice Act 1988 Jurisdiction: England and Wales Criminal Practice Updated: 27 August 2022; Ref: scu.195906

Sea Shepherd UK v Fish and Fish Ltd: SC 4 Mar 2015

Accessory Liability in Tort The court considered the concept of accessory liability in tort. Activists had caused damage to vessels of the respondent which was transporting live tuna in cages, and had caused considerable damage. The appellant company owned the ship from which the attacks were made, but denied direct involvement in or responsibility for … Continue reading Sea Shepherd UK v Fish and Fish Ltd: SC 4 Mar 2015

Nelson, Regina v: CACD 15 Jul 2022

racially aggravated harassment Judges: Lord Justice Stuart-Smith Mr Justice Goss The Recorder of Westminster Her Honour Judge Deborah Taylor (Sitting as a Judge of the Court of Appeal Criminal Division) Citations: [2022] EWCA Crim 1080 Links: Bailii Statutes: Malicious Communications Act 1988 Jurisdiction: England and Wales Criminal Sentencing Updated: 11 August 2022; Ref: scu.680133

Hashman and Harrup v The United Kingdom: ECHR 25 Nov 1999

The defendants had been required to enter into a recognisance to be of good behaviour after disrupting a hunt by blowing of a hunting horn. They were found to have unlawfully caused danger to the dogs. Though there had been no breach of the peace, they had acted contrac bonos mores. They complained that the … Continue reading Hashman and Harrup v The United Kingdom: ECHR 25 Nov 1999

Allen v The United Kingdom [GC]: ECHR 12 Jul 2013

Article 6-2 Presumption of innocence Refusal of compensation following reversal of applicant’s conviction of criminal offence: no violation Facts – In September 2000 the applicant was convicted of the manslaughter of her baby son on the basis of medical evidence that the boy’s injuries were consistent with ‘shaken baby syndrome’ (also known as ‘non-accidental head … Continue reading Allen v The United Kingdom [GC]: ECHR 12 Jul 2013

Magee, Re Judicial Review: QBNI 28 May 2013

The claimant challenged a decision taken by the Department of Justice not to re-open or reconsider an earlier decision of the Secretary of State taken in 2002 to refuse him compensation under section 133 of the 1988 Act for the compensation of people who spent time in custody following a wrongful conviction. The Department of … Continue reading Magee, Re Judicial Review: QBNI 28 May 2013

Pearce and Another, Regina (on The Application of) v Commissioner of Police of The Metropolis and Another: CA 18 Jul 2013

The appellants challenged rejection of their complaints that actions of police officers searching their ‘squats’ when executing search warrants, were unlawful in that they had been intended not as descrbed for the search for stolen goods, but rather to prevent protests against the forthcoming royal wedding. Held: The appeals failed: ‘the timing of the execution … Continue reading Pearce and Another, Regina (on The Application of) v Commissioner of Police of The Metropolis and Another: CA 18 Jul 2013

Derbyshire County Council v Times Newspapers Ltd and Others: HL 18 Feb 1993

Local Council may not Sue in Defamation Local Authorities must be open to criticism as political and administrative bodies, and so cannot be allowed to sue in defamation. Such a right would operate as ‘a chill factor’ on free speech. Freedom of speech was the underlying value which supported the decision to lay down the … Continue reading Derbyshire County Council v Times Newspapers Ltd and Others: HL 18 Feb 1993

Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005

Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by other companies should proceed through the Commissioners who could implement European law directly. The taxpayers … Continue reading Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005

O’Brien and others v Independent Assessor: HL 14 Mar 2007

The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a prisoner also wrongly accused of the same crime, in the percentage deduction made for their … Continue reading O’Brien and others v Independent Assessor: HL 14 Mar 2007