R (Faulkner) v SSJ (2011) EWCA Civ 349

The claimant's Parole Board hearing should have been in March 2008 but was delayed in breach of Article 5(4) until January 2009 when he was released; he had shown on balance that he would have been released in March 2008. Having considered the case law on quantum, the court concluded that: 'a figure of £10,000 is appropriate and necessary to reflect the loss of some 10 months' conditional liberty by reason of the state's breach of the claimant's right not to continue to be detained in the absence of a speedy decision by a judicial body. We have not arrived at it by applying a multiplier to a monthly sum, although it can no doubt be disaggregated in that way.'

Other

Before: Sedley, Hooper, Wilson LJJ

Hearing: 23/4/10

Judgment (following written submissions on quantum): 29/3/11

Mr Hugh Southey QC and Mr Jude Bunting (instructed by Chivers Solicitors) for the Appellant

Mr Steven Kovats QC (instructed by Treasury Solicitors) for the first Respondent

Mr Sam Grodzinski (instructed by Treasury Solicitors) for the second Respondent

Citations

[2011] All ER (D) 336 (Mar)

External link

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