Mathew Gullick KC appears in the Grand Chamber of the European Court of Human Rights

5th July 2023

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On Wednesday 5th July, 3PB's public and employment law silk Mathew Gullick KCMathew Gullick KCCall: 2003Silk: 2021, pictured here, appeared (with James Strachan KC of 39 Essex Chambers) as counsel for the UK Government at a hearing before the Grand Chamber of the European Court of Human Rights in Strasbourg.

The case of Nealon & Hallam v United Kingdom concerns claims that refusals of compensation under the statutory compensation scheme for miscarriages of justice in England and Wales involved violations of the presumption of innocence in Article 6(2) of the European Convention on Human Rights (ECHR). The applicants’ arguments were rejected in Judicial Review proceedings in the High Court in 2015, by the Court of Appeal in 2016 and by a majority of the UK Supreme Court in 2019.

Subsequent applications to the European Court of Human Rights were communicated to the UK Government in 2020. In March 2023, the applications were sent directly for hearing by the Grand Chamber, which includes the Court’s President and its most senior judges.

The Grand Chamber hears cases of the highest importance relating to the interpretation of the ECHR; this is only the ninth Grand Chamber hearing in an application brought against the United Kingdom in the last 10 years. Following the hearing, judgment has been reserved and will be given at a later date.