Webster v Ministry of Justice (Rev 1) [2014] EWHC 3995 (QB) (23 October 2014)

Webster v Ministry of Justice (Rev 1) [2014] EWHC 3995 (QB) (23 October 2014)

The claimant's case does not establish that the trial judge acted in bad faith; errors in summing-up and trial management, even if serious and leading to the quashing of conviction, do not amount to bad faith or entitle the claimant to damages under Article 5 or 6 ECHR. The claim is therefore struck out and summary...

Source-derived case information.

Citation
[2014] EWHC 3995
Parties
Respondent Claimant: Webster; Applicant Defendant: Ministry of Justice
Jurisdiction
England and Wales
Judgment Date
23 October 2014
Procedural Posture
Civil Claim for Damages Under the Human Rights Act 1998 Following Quashed Criminal Conviction / Application to Strike Out and for Summary Judgment
Outcome
Claim struck out and summary judgment for the defendant.
Legal Topics
Damages for Judicial Acts, Article 5 ECHR, Article 6 ECHR, Bad Faith in Judicial Conduct, Summary Judgment, Strike Out Applications
Human Rights Law Criminal Law Civil Procedure Damages for Judicial Acts Article 5 ECHR Article 6 ECHR Bad Faith in Judicial Conduct Summary Judgment +1 more

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Parties

Webster

Respondent Claimant

Ministry of Justice

Applicant Defendant

Procedural Posture

Civil Claim for Damages Under the Human Rights Act 1998 Following Quashed Criminal Conviction / Application to Strike Out and for Summary Judgment

Legal Issues

  1. 1 Whether the conduct of the trial judge amounted to bad faith under section 9(3) of the Human Rights Act 1998
  2. 2 Whether the claimant is entitled to damages under Article 5 or Article 6 of the European Convention on Human Rights for detention following a quashed conviction

Ratio Decidendi

The claimant's case does not establish that the trial judge acted in bad faith; errors in summing-up and trial management, even if serious and leading to the quashing of conviction, do not amount to bad faith or entitle the claimant to damages under Article 5 or 6 ECHR. The claim is therefore struck out and summary judgment entered for the defendant.

Court Disposition

Claim struck out and summary judgment for the defendant.

Orders

  • Statement of case struck out
  • Summary judgment entered for the defendant