Damages Against The Lord Chancellor

21 Apr

A High Court Judge imposed the sentence which was quashed by the Court of Appeal on the grounds of various serious procedural irregularities. A different High Court Judge dismissed his claim for damages.

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In a recent case, LL v The Lord Chancellor [2017] EWCA Civ 237, the Court of Appeal allowed an appeal against the dismissal of a claim for wrongful imprisonment after a man was sentenced to prison for contempt of Court for failing to comply with three orders for him to arrange the return of his son to this country from Singapore. A High Court Judge imposed the sentence which was quashed by the Court of Appeal on the grounds of various serious procedural irregularities. A different High Court Judge dismissed his claim for damages for spending nine weeks in prison before the sentence was quashed. The Court of Appeal found the first Judge had made errors that did amount to "gross and obvious irregularity” and the claim for damages should succeed.

 

 

Hugh Merry

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