Scottish Human Rights Law Group

R (on the Application of Michael Degainis) v Secretary of State for Justice (2010)

February 22, 2010 | No Comments

[2010] EWHC 137 (Admin)

The secretary of state’s apology and admission that he had breached the European Convention on Human Rights 1950 art.5(4) by having failed promptly to secure a review of a prisoner’s release, was a sufficient remedy to the prisoner where the breach had not extended the period he would have to spend in custody, and had not caused him to suffer the sort of frustration or anxiety that might otherwise merit an award of damages under art.5(5). The court also ruled that “compensation” under art.5(5) was not limited to money and that courts should have regard to the Human Rights Act 1998 s.8 when considering the appropriateness of remedies in this context.

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.

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