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Compensation – Crime. The Court of Appeal, Civil Division, dismissed the claimants' appeals against the dismissal of their claims for judicial review, seeking a declaration of incompatibility between s 133(1ZA) of the Criminal Justice Act 1988 and art 6(2) of the European Convention on Human Rights (art 6(2)). The Divisional Court had been right to have held that the ratio of the decision in R (Adams) v Secretary of State for Justice ([2011] 3 All ER 261) (Adams) on the art 6(2) issue was that art 6(2) was not applicable to the operation of s 133 of the Act, whatever definition of 'miscarriage of justice' was adopted. Adams was binding precedent on that point and that remained the position regardless of any subsequent observations of the European Court of Human Rights in Allen v United Kingdom ((2013) 36 BHRC 1) and later cases.
Compensation – Crime. The Court of Appeal, Civil Division, dismissed the claimants' appeals against the dismissal of their claims for judicial review, seeking a declaration of incompatibility between s 133(1ZA) of the Criminal Justice Act 1988 and art 6(2) of the European Convention on Human Rights (art 6(2)). The Divisional Court had been right to have held that the ratio of the decision in R (Adams) v Secretary of State for Justice ([2011] 3 All ER 261) (Adams) on the art 6(2) issue was that art 6(2) was not applicable to the operation of s 133 of the Act, whatever definition of 'miscarriage of justice' was adopted. Adams was binding precedent on that point and that remained the position regardless of any subsequent observations of the European Court of Human Rights in Allen v United Kingdom ((2013) 36 BHRC 1) and later cases.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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