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Precedent, distinguishing... and “slopping out”.

Andy Howells

19th May 2014

Mr Justice Hickinbottom has struck out five claims from prisoners acting as litigants in person that the sanitation regimes in HMP Long Lartin or HMP Albany were in contravention of Article 3 ECHR prohibiting "inhuman or degrading treatment". Originally some 550 claims were brought. Two "lead" cases were identified, and determined in favour of the government. (Grant & Gleaves v The Ministry of Justice), with the remainder of cases being stayed, to be struck out unless distinguished from Grant & Gleaves.The instant judgment dismisses the five remaining such claims. It's a rare example of a brief and accessible judgment. Students can see the attempts made by claimants to distinguish the facts of their cases from Grant & Gleaves - and why the judge, in each case, did not allow it. Precedent in action! Hat tip to @AdamWagner1 for the judgment.

Andy Howells

Andy Howells is Head of Law at a large northern Sixth Form College and a former solicitor.

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