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Hammerton v. Ministry of Justice [2009] EWHC 1423 (Blake J)

DATE: 01 Jan 2009

Whether unfair trial in breach of Article 6 automatically indicates unlawful detention contrary to Article 5, so producing a right to damages; whether damages available at common law or under Article 5 following claimant's imprisonment for contempt later overturned on appeal. Tim Morshead appeared for the Ministry of Justice, successfully resisting all parts of the claim.