Damages for detention in breach of Article 5(1) of the ECHR  

Stickley v MOJ & HMCS [2011] EW Misc 24 (CC) (24/1/11, Birmingham Administrative Court)

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In this case, the High Court awarded £8,500 for 57 days' unlawful detention, i.e. in breach of Article 5(1) of the ECHR. In short, the detention arose from a sentence that the Crown Court had had no power to impose; the relevant power - under s116 of the PCC(S)A 2000 - having been curtailed about 3 years prior to sentence. The sentencing Judge and the MOJ were protected by common law and statutory immunity from a claim for false imprisonment. Thus the Claimant had to resort to the HRA 1998 (see section 9(3)).

Comment:

It will be noted from the award that the High Court appears to have borne in mind the amount awarded in Evans for that prisoner's false imprisonment, albeit on a slightly better basis: for 59 days' false imprisonment, Ms. Evans got £5,000, which works out to around £6,500 today. It is also of note that the High Court accepted the Claimant's submission that domestic scales of compensation may be relevant to an award of damages under the HRA; i.e. where there is an equivalent finding of unlawful detention under Article 5(1) of the ECHR.

The case is thus a good example of the Courts awarding damages at around the Evans-level, for unlawful detention under Article 5(1) of the ECHR.

The MOJ has indicated that it will appeal the Judge's finding on liability, but not the amount of damages awarded.

Mr. Stickley was represented by Vijay Jagadesham of GCN and Linda Poole of PCB Law