Faulkner, R (on the application of) v Secretary of State for Justice & Anor

Faulkner, R (on the application of) v Secretary of State for Justice & Anor

An award of £10,000 is appropriate and necessary to reflect the loss of approximately 10 months' conditional liberty due to the state's breach of the claimant's right under article 5(4) ECHR, taking into account Strasbourg and domestic precedents, the absence of special damage, and the need for just satisfaction.

Parties
Appellant: Daniel Faulkner; First Respondent: Secretary of State for Justice; Second Respondent: Parole Board
Jurisdiction
England and Wales
Judgment Date
29 March 2011
Procedural Posture
Judicial Review / Assessment of Damages Following Liability Judgment
Outcome
Damages awarded to appellant
Legal Topics
Unlawful Detention, Damages for Breach of Human Rights, Article 5(4) ECHR, Just Satisfaction, Quantum of Damages
Human Rights Law Public Law Unlawful Detention Damages for Breach of Human Rights Article 5(4) ECHR Just Satisfaction Quantum of Damages

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Parties

Daniel Faulkner

Appellant

Secretary of State for Justice

First Respondent

Parole Board

Second Respondent

Procedural Posture

Judicial Review / Assessment of Damages Following Liability Judgment

Legal Issues

  1. 1 What is the appropriate quantum of damages for unlawful detention in breach of article 5(4) ECHR?
  2. 2 Should damages include a separate award for distress and anxiety?
  3. 3 What principles guide the assessment of just satisfaction under s.8 Human Rights Act 1998?

Ratio Decidendi

An award of £10,000 is appropriate and necessary to reflect the loss of approximately 10 months' conditional liberty due to the state's breach of the claimant's right under article 5(4) ECHR, taking into account Strasbourg and domestic precedents, the absence of special damage, and the need for just satisfaction.

Court Disposition

Damages awarded to appellant

Orders

  • Respondents to pay £10,000 to the appellant as just satisfaction for unlawful detention in breach of article 5(4) ECHR.