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Elliot Gold appears in case concerning the impact of Article 5 on judicial errors resulting in imprisonment

26th November 2015

Elliot Gold represented the successful defendant, the Lord Chancellor, in a case considering when errors made by a judge resulting in a person’s incarceration would attract damages for breach of Article 5 (LL v Lord Chancellor [2015] EWHC 3273 (QB)).  The judge dismissed the claim, accepting the submissions that only errors amounting to something “exceptional” would admit a claim for compensation and that on a proper analysis of the judge’s actions, there had been some but not a total failure.

This is an important case, there being very little authority on this point. Permission has been granted to the Claimant to appeal to the Court of Appeal.
Judgment is here.


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