Index card R (O’Brien) v Independent Assessor

R (O’Brien) v Independent Assessor

Hearings

England & Wales

14 Mar 2007 [2007] UKHL 10; [2007] 2 AC 312; [2007] 2 WLR 544; [2007] 2 All ER 833, HL(E)

Subject Matter

CRIME — Miscarriage of justice — Statutory compensation — Pecuriary and non-pecuniary loss — Independent assessor making deductions from awards for loss of earnings to reflect living expenses during period of imprisonment — Whether deductions appropriate — Percentage deductions from awards for non-pecuniary loss because of applicants' criminality — Disparity with award made to co-defendant in earlier proceedings — Whether independent assessor bound by principles of legal consistency to follow earlier decision — Criminal Justice Act 1988, s 133(4A)(c) (as inserted by the Criminal Appeal Act 1995, s 28)

[2007] 2 AC 312; [2007] 2 WLR 544

Appellate History

R (O’Brien) v Independent Assessor [2004] EWCA Civ 1035, CA

Decision of the Court of Appeal affirmed

R (O’Brien) v Independent Assessor [2007] UKHL 10; [2007] 2 AC 312; [2007] 2 WLR 544; [2007] 2 All ER 833, HL(E)

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