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Compensation – Crime. The instant appeal concerned the payment of compensation to persons acquitted of criminal convictions following miscarriages of justice pursuant to s 133 of the Criminal Justice Act 1988 and the banding of persons to whom compensation was payable following the Supreme Court's decision in R (on the application of Adams) v Secretary of State for Justice; MacDermott, Re[2011] 3 All ER 261 (Adams). The claimants had been refused compensation and the Divisional Court had dismissed their applications for judicial review. The Court of Appeal, Civil Division, confirmed that the correct test for identifying 'category 2 cases' of persons eligible for compensation was that identified by Lord Phillips in Adams and not the test as re-formulated by the Divisional Court. However, the appeals were dismissed on their merits.
Compensation – Crime. The instant appeal concerned the payment of compensation to persons acquitted of criminal convictions following miscarriages of justice pursuant to s 133 of the Criminal Justice Act 1988 and the banding of persons to whom compensation was payable following the Supreme Court's decision in R (on the application of Adams) v Secretary of State for Justice; MacDermott, Re[2011] 3 All ER 261 (Adams). The claimants had been refused compensation and the Divisional Court had dismissed their applications for judicial review. The Court of Appeal, Civil Division, confirmed that the correct test for identifying 'category 2 cases' of persons eligible for compensation was that identified by Lord Phillips in Adams and not the test as re-formulated by the Divisional Court. However, the appeals were dismissed on their merits.
Update from the Chair of the Bar
By David Green
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