Miller, R (on the application of) v The Independent Assessor

Miller, R (on the application of) v The Independent Assessor

The Independent Assessor erred in law by failing to make proper use of civil law awards for false imprisonment and by awarding a sum for loss of liberty that was irrationally low, lacking adequate explanation or proportionality to analogous civil awards. The Divisional Court erred in failing to recognise this legal error.

Parties
Appellant: Stephen Miller; Respondent: The Independent Assessor
Jurisdiction
England and Wales
Judgment Date
19 June 2009
Procedural Posture
Judicial Review / Appeal From Divisional Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Miscarriage of Justice, Compensation Assessment, Damages for False Imprisonment, Judicial Review
Administrative Law Criminal Law Compensation Law Miscarriage of Justice Compensation Assessment Damages for False Imprisonment Judicial Review

Case Brief

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Parties

Stephen Miller

Appellant

The Independent Assessor

Respondent

Procedural Posture

Judicial Review / Appeal From Divisional Court to Court of Appeal

Legal Issues

  1. 1 Whether the Independent Assessor erred in law in assessing compensation for loss of liberty following a miscarriage of justice
  2. 2 Whether the award for loss of liberty was irrationally low and failed to apply analogous principles from civil law damages

Ratio Decidendi

The Independent Assessor erred in law by failing to make proper use of civil law awards for false imprisonment and by awarding a sum for loss of liberty that was irrationally low, lacking adequate explanation or proportionality to analogous civil awards. The Divisional Court erred in failing to recognise this legal error.

Court Disposition

Appeal allowed

Orders

  • Case remitted to the Independent Assessor to re-assess the award for loss of liberty and the consequences of imprisonment in accordance with the judgment.