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Legal News

Historic Human Rights Ruling Favours Prisoners’ Compensation Claims (7 September 2011)

Date: 07/09/2011
Duncan Lewis, Legal News Solicitors, Historic Human Rights Ruling Favours Prisoners’ Compensation Claims

Prisoners could be set to receive almost £5 million more in compensation following a historic ruling. Judges have been found to be in favour of three ex-prisoners whose claims date back to 1999. The claims were originally thrown out as the prisoners had waited in excess of five years to sue.
The ruling could result in the receipt of up to 1,500 new claims, totalling £3000 each on average – amounting to £4.5 million.

The Scottish Prison Service accepted in 2006 that being forced to use a chamber pot in a shared prison cell, more commonly referred to as ‘slopping out,’ breached prisoners' human rights. The prisoners whose claims have already been accepted have been awarded £11 million in total. The decision by Lord Hamilton, Lord Wheatley, and Lady Smith to award compensation to prisoners opposes the Scottish government, who had considered the claims to have a time limit.

Solicitor Tony Kelly claims that many hundreds of other compensation claims have been on hold. Mr Kelly adds that the government had treated their citizens in a degrading fashion. Mr Kelly has attracted in excess of £2 million of legal aid in defending the human rights of prisoners. The Scottish Prison Service claims to have made provisions for any liabilities that may occur.

Duncan Lewis’ team of prison law solicitors possess the expertise required to protect the rights of prisoners. The prison law department provides clients with a unique service that ensures that the care they receive continues for as long as it is necessary. Prison law is funded under the Criminal Defence Service scheme.

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