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

Andy Howells

19th May 2014

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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.

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Andy Howells

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

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