Tuesday 11 June 2024

Nealon and Hallam v UK - European Court of Human Rights - Compensation for miscarriage of justice

A previous post noted the 2019 judgment of the Supreme Court in R (Nealon) v Secretary of State for Justice [2019] UKSC 2 and R (Hallam) v Secretary of State for Justice. [2019] UKSC 2. The two men were unsuccessful in their challenge to the decision of the Secretary of State to refuse their claims for compensation for miscarriage of justice.

They petitioned the European Court of Human Rights and, in February 2023, it was decided that the case would be heard by the Grand Chamber - Relinquishment in favour of the Grand Chamber Nealon v. UK and Hallam v. UK (coe.int)

On 11 June 2024 the Grand Chamber gave judgment and, by a majority of 12 to 5, the court held that their applications failed.

The court’s judgment

is at NEALON AND HALLAM v. THE UNITED KINGDOM (coe.int).

Press Release - Judgment Nealon and Hallam v. the United Kingdom - Rejection of claims for compensation for miscarriage of justice did not breach the European Convention (coe.int).

Scotland appears more generous in this regard since they continue to operate both a statutory and an "ex gratia" scheme  - Miscarriage of justice: apply for compensation - mygov.scot

Previous

Law and Lawyers: Compensation for miscarriage of justice ~ Supreme Court 30 January 2019 (obiterj.blogspot.com)

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