Injustice Victims Suffer More
(O’Brien and others) v Independent Assessor [2007] UKHL 10
HL
Weekly Law Reports Summary
14 March 2007
In determining the sum properly required to compensate a victim of a miscarriage of justice for long years of wrongful imprisonment, the assessor’s task in relation to loss of earnings was to assess what the victim had really lost. It was therefore not unjust or contrary to public policy that the amount attributable to lost earnings was subject to a deduction for the living expenses which the victim would inevitably have incurred if he had not been serving a prison sentence.