Victor Nealon, wrongly imprisoned for 17 years – appeal dismissed

30 January 2019

The Supreme Court has today dismissed appeals by Victor Nealon and Sam Hallam (the appellants) concerning the system of compensation which applies to victims of miscarriages of justices.

The background to the appeals was the introduction of a new statutory test by which individuals are required to established their innocence beyond reasonable doubt before they will be compensated. The appellants argued that this offends the presumption of innocence guaranteed by Article 6(2) of the European Convention on Human Rights (ECHR). They asked the Court to make a declaration that the relevant statutory provision (section 133(1ZA) of the Criminal Justice Act 1988) is incompatible with Article 6(2) ECHR.

The Supreme Court dismissed by the appeals by a majority of five to two.

Lord Mance, with whom Lord Lloyd-Jones agreed, held that the current state of the case law from the European Court of Human Rights (ECtHR) is not settled and that it would be inappropriate to interpret Article 6(2) ECHR as applying to applications of this kind (paragraphs 73-74).

Lord Wilson considered that the case law from the ECtHR is settled and recognised that the appellants could likely apply to the ECtHR for a ruling that section 133(1ZA) violates Article 6(2). But he declined to subscribe to the ECtHR’s analysis of Article 6(2) is terms of how it applies in these circumstances (paragraph 94).

Lord Hughes and Lady Hale dismissed the appeals for reasons which substantially overlapped with those given by Lord Mance and Lord Wilson (paragraphs 81-82, paragraph 127).

Lord Reed (paragraph 192) and Lord Kerr (paragraph 207) would have granted the declaration of incompatibility which the appellants sought.

Victor Nealon was represented by Dinah Rose QC of Blackstone Chambers and Garden Court North Chambers’ Matthew Stanbury, instructed by Mark Newby of Quality Solicitors Jordans. A press release issued by Quality Solicitors Jordans can be found here.

Chambers news

Chambers news

Camille Warren’s inquest into the death of James Stow adjourned

The inquest into the death of James Stow at South London Coroner’s Court has been adjourned and relisted to take place on 23 February 2026.

Chambers news

Jury acquits protestor of conspiracy to cause criminal damage to drone factory alleged to export weaponry to Israel

The protestor was charged with conspiracy to cause criminal damage to a factory in 2024, protesting against the export of weaponry to Israel.

Chambers news

27 Garden Court North members sign UK judges’ and lawyers’ open letter concerning the Occupied Palestinian Territory

The open letter to the UK Government calls for action against Israel’s violations of law in the Occupied Palestinian Territory (OPT).

Chambers news

Multiple state agencies missed safeguarding opportunities before Rhianan Rudd’s death, Chief Coroner finds

An inquest into the death of 16-year-old Rhianan Rudd found several missed opportunities by Counter Terrorism Police and other state bodies.

Sign up to our mailing list

Our mailing list is dedicated to professionals with an interest in our work.

Sign up