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Prison failed to keep convicted murderer reasonably safe (Newell v Ministry of Justice)

Published on: 27 April 2021
Published by: LexisPSL
  • Prison failed to keep convicted murderer reasonably safe (Newell v Ministry of Justice)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Personal Injury analysis: The claimant, a prisoner serving a life sentence with a whole-life tariff, claimed damages for negligence and breach of Article 3 of the European Convention on Human Rights (ECHR) arising out of an assault by another ‘life-lifer’ while held in a close supervision unit (CSU). The assailant had, in the weeks leading up to the assault, made threats of violence if he was not moved to another prison, primarily against staff. Judgment was given for the claimant. The threats were not confined to staff and the defendant had breached its duty of care by allowing the assailant to associate with the claimant. The court also extended time to bring the claim under Article 3 ECHR. It found there was a ‘real and immediate risk’ from the assailant and a breach of Article 3 ECHR by permitting association. Damages were awarded for personal injury, and a declaration made in respect of the breach of Article 3 ECHR. Written by Jack Holborn, barrister at 39 Essex Chambers. or take a trial to read the full analysis.

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