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 judge acted in bad faith; errors in summing-up and handling of evidence do not suffice for damages under Article 5 or Article 6 ECHR. Detention following conviction quashed for misdirection is not unlawful under settled domestic or Strasbourg law. Claim for damages must fail.

Citation
[2014] EWHC 3995 (QB)
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 Human Rights Act 1998 / Application to Strike Out and for Summary Judgment
Outcome
Claim struck out; summary judgment for defendant
Legal Topics
Damages for Judicial Acts, Bad Faith in Judicial Conduct, Article 5 and Article 6 ECHR, Miscarriage of Justice, Summary Judgment, Strike Out Applications
Human Rights Civil Procedure Criminal Law Damages for Judicial Acts Bad Faith in Judicial Conduct Article 5 and Article 6 ECHR Miscarriage of Justice Summary Judgment +1 more

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Parties

Webster

Respondent Claimant

Ministry of Justice

Applicant Defendant

Procedural Posture

Civil Claim for Damages Under Human Rights Act 1998 / Application to Strike Out and for Summary Judgment

Legal Issues

  1. 1 Whether the judge acted in bad faith during the criminal trial
  2. 2 Whether the claimant is entitled to damages under Article 5 or Article 6 ECHR
  3. 3 Whether detention following conviction quashed for misdirection is unlawful under Article 5 ECHR

Ratio Decidendi

The claimant's case does not establish that the judge acted in bad faith; errors in summing-up and handling of evidence do not suffice for damages under Article 5 or Article 6 ECHR. Detention following conviction quashed for misdirection is not unlawful under settled domestic or Strasbourg law. Claim for damages must fail.

Court Disposition

Claim struck out; summary judgment for defendant

Orders

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