David Pojur appears in the European Court of Human Rights

July 5, 2023

Credit: Council of Europe. (From second on the left) David Pojur, Matt Stanbury and Adam Straw KC for the Applicants and James Strachan KC and Matthew Gullick KC for the United Kingdom on the right (3rd and 4th from the right).


David Pojur is representing Victor Nealon in a case which is being heard in The Grand Chamber of the European Court of Human Rights in Strasbourg.

The case, Victor Nealon and Sam Hallam v United Kingdom, concerns whether the statutory scheme for compensating the victims of miscarriages of justice (Criminal Justice Act 1988, s.133) violates the presumption of innocence guaranteed by Article 6§2 of the European Convention on Human Rights. An amended test, introduced in 2014, requires applicants for compensation to demonstrate that the fresh evidence which led to their convictions being quashed demonstrates beyond reasonable doubt that they are innocent.

Both applicants argue that the scheme infringes their right to be presumed innocent. They had both served many years of life sentences and then had their convictions quashed after fresh evidence came to light which exonerated them.

The hearing before the Grand Chamber is available to watch here. The ECHR’s press release about the case can be downloaded here.

David Pojur is being led by Matthew Stanbury of Park Square Barristers. They have been instructed by Mark Newby of Quality Solicitors Jordans.

The Supreme Court Judgment on this case can be found here.

An Article from “The Justice Gap” in relation to this case can be found here.

David Pojur specialises in Regulatory law covering the areas of Healthcare & Professional Discipline, Inquests, Health and Safety, and Environmental law.

David is ranked as Band 1 in Legal 500 2023 and in Chambers UK Bar for Inquests and Inquiries. In Legal 500 he is also ranked for Planning & Environment, Business & Regulatory Crime and Crime.

Chambers UK Bar 2023 (Inquests & Public Inquiries) comments:
David Pojur brings a wealth of expertise to the inquests field owing in part to his appointment as assistant coroner for North Wales. He has considerable capabilities acting for clients in cases involving health and safety fatalities, suicides or deaths in healthcare settings.
Strengths: “He is brilliant with clients and incredibly calm under pressure.” “David is an excellent advocate who manages to robustly lead inquests so that other parties lean on him for direction, resulting in favourable outcomes for our clients.””

Legal 500 2023 (Inquests and Inquiries) notes:
“David’s knowledge of the coroners rules and procedure is second to none. He is excellent with lay clients and he is able to confidently handle complex and fast changing situations. During hearings, other parties look to him for guidance with strategy, and he is able to deploy this to the advantage of the client.

Other recommendations note:

David is very knowledgeable and puts together robust legal argument.”
Legal 500 2023 (Business and Regulatory Crime)

Recommended Expert.”
Legal 500 2023 (Crime, Planning and Environment)

For further information please contact clerk@stjohnsbuildings.co.uk