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R (on the application of Parratt) v (1) Secretary of State for Justice (2) Parole Board for England & Wales [2014] EWCA Civ 1478

DATE: 21 Nov 2014

Where an offender could establish on a balance of probabilities that his period of imprisonment had been extended because of delays in Parole Board hearings which violated his rights under the ECHR art.5(4), he should ordinarily receive damages as compensation. Declaratory relief alone was not just satisfaction. A period exceeding 12 months between two review hearings was not automatically an actionable delay.