Judgment delivered at the ECtHR in Strasbourg – Matthew Stanbury acts for the applicant

The Grand Chamber of the European Court of Human Rights in Strasbourg has today (11 June 2024) delivered the judgment in the cases of Victor Nealon and Sam Hallam v United Kingdom.

The applications concerned the question of whether the statutory scheme for compensating the victims of miscarriages of justice (Criminal Justice Act 1988, s.133) violated the presumption of innocence guaranteed by Article 6§2 of the European Convention on Human Rights. An amended test, introduced in 2014, requires applicants for compensation to demonstrate that the fresh evidence which led to their convictions being quashed demonstrates beyond reasonable doubt that they are innocent.

The applicants, who both had their convictions quashed after serving many years of life sentences to which they were subject, after fresh evidence came to light which exonerated them, argued that the scheme infringed their right to be presumed innocent. The Grand Chamber rejected those arguments by a majority 12:5.

Please click here for the judgment: Grand Chamber judgment concerning the United Kingdom

Mr Nealon was represented by Matthew Stanbury who acted for him in the domestic courts, including the Supreme Court. He led David Pojur of Lincoln House Chambers, and was instructed by Mark Newby of Quality Solicitors Jordans who has acted for Mr Nealon throughout and was instrumental in his conviction being overturned.

 

Matt is Ranked Band 1 for Administrative & Public Law – Chambers & Partners (2024) – 3 years ranked

Ranked Band 1 for Civil Liberties & Human Rights – Chambers & Partners (2024)

Ranked Band 3 for Inquests & Public Inquiries – Chambers & Partners (2024)

Ranked for Inquests and Inquiries in The Legal 500 (2024)

Should you wish to discuss any aspect of Matthew’s practice please contact his clerks

Contact Matt’s clerks

Madeleine Gray on 0113 202 8603

Patrick Urbina on 0113 213 5250

Imogen Brown on 0113 2135225

Jenny Dwan on 0113 2135213