If The Claim Against Hmp Swaleside And The Prison Service Cost The Ministry Of Justice £73,806, How Much Would It Have Cost The Prisoner If He Had Lost His Case?

[anotheoldgit]

http://www.dailymail.co.uk/news/article-4948362/Inmates-writes-guide-suing-prison-service.html

Absolutely nothing I suspect, seems they are on a win, win situation no matter what.

[anotheoldgit]

And even this savage jumps on the band wagon.

http://www.dailymail.co.uk/news/article-4950418/Lee-Rigby-killer-s-25-000-lawsuit-losing-two-teeth.html

[albaqwerty]

don't think it would have cost him a penny either, AOG, wonder who is going to be brave enough to print his book?

As for Lee Rigby's killer, couldn't there be a bar of soap in the shower?

[Gromit]

The same.

// prison law legal aid cannot be used to bring judicial review challenges against the state. //

He seems to have won his case through persistance, not fancy lawyers.

[ToraToraTora]

Savage!

[Gromit]

If the prison service had not broke the law, then it would not have cost us £74K.
Opening his legal corespondence is indefensible, which is why they paid him a huge amount of money to keep it out of the public domain. And they also failed at that.

[ToraToraTora]

I thought prisoners mail is routinely censored, when did that change?

[albaqwerty]

I always thought mail between legal and prisoner was sacrosanct but mail between outside world and prisoner was looked at.

I may well be wrong.

[Gromit]

Tora,
It wasn't messages from his penpal that were opened, it was legal correspondence which is priviledge. The security defence put up as an excuse by the prisons is spurious and was rightly ignored.

prison law legal aid cannot be used to bring judicial review challenges against the state.

Thereis an helpful guide in this Daily Mail link

// Under Prison Rule 39, an inmate's correspondence with courts and their legal adviser can only be opened, stopped or read in specific circumstances, such as where officials suspect letters contain illicit items.
"Prison Service policy is clear that even accidental breaches of Rule 39 open the possibility of legal challenge." //

http://www.dailymail.co.uk/wires/pa/article-3253067/Prison-staff-breached-rules-opening-inmates-legal-letters.html

[ToraToraTora]

I see gromit, so these are specific rules for legal correspondence? I assume they must be labelled accordingly?. Yep own goal by the prison service then. Take it out of their wages.

[Peter Pedant]

// I always thought mail between legal and prisoner was sacrosanct but mail between outside world and prisoner was looked at. //

good post alba so it wont get to BA hur hur hur

privileged - is the word people are looking for
and they are

shipman had to send letters to his wife thro his lawyer
because the staff were photocopying them and selling them to the papers
and the gov commented ' I am not responsible for what my staff do'
well thats OK then

who would have paid if the lag had lost - trumpets dear sweet old AOG triumphantly
criminal cases ( which erm this wasnt) are always liddle guy against big guy-[ here the inexhaustible resources of the CPS ( a million spent on Heath who cant go to prison as he id dead) against the defendant who had to pay for his own defence)
defence costs are truly dead money... you never get them back

[Peter Pedant]

// https://en.wikipedia.org/wiki/Legal_professional_privilege_in_England_and_Wales//

here

rules are different for terrorism of course ( over ridden by statute as wiki coyly says )

[Peter Pedant]

the case is reported here

URL: http://www.bailii.org/ew/cases/EWHC/Admin/2017/704.html

bit high brow for AB - there will be a deluge of one liners like
wot dat den / Bruton is a place or a skool innit - wot dis den ? etc etc

[Peter Pedant]

one section says

Moreover the response of HMP Swaleside to the PPO's report was frankly lamentable and evidences, over a prolonged period of time, a lack of interest in recognising evident shortcomings in its systems still less in implementing effective change.

PPO is prisoners' parliamentary ombudsman

one of the defendants turned up to court and said
" if it doesnt have 'rule 39' on it - we can open and read it" another gave evidence that some of Brutons lawyers letters had turned up in someone elses cell because it had been mis-delivered. oops ! yes that is waht the governor said but didnt do diddly squat else about it

[bentaxle]

Just what part of his body would a service man or woman need to get shot off to qualify for that kind of payout I wonder

[Peter Pedant]

an eye is £106 000

the Dept of Justice ( excuse me whilst I snigger )
disputes Bruton's amount which I think is the sum of the moolah and the lawyers' costs

and yes he wouldnt get very much
in fact read the case
the Dept of Justice ( hur hur hur) actually plead- none because there is no loss

Bruton has quite a high hurdle to jump as
as all the staff need to do: is open the letter, fail to record it and then say as they hand it to him - "we didnt open this - you did"
[in fact the judge thinks they have done this in some cases]
there is also the little matter of the lawyers letter that ends up in someone elses cell.

Bruton is assisted by a PO saying under oaf: "yeah if it doesnt have Rule 39 on it we can open it." ( all three prisons) - Bruton cannot show there is intention