Restitution
front page

What's new?

Archive front page

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2007

2006

2008

2009

I was wondering also about the context of such claims, which didn't seem totally clear from the newspaper article. It would seem amazing if a person were released on the basis that there had been a miscarriage of justice and then simply presented with a bill for accommodation and food during their incarceration. I wonder whether the claims for food/lodgings arose in the context of a claim for compensation by the prisoner, whereby either (i) the government sought to have the compensation award reduced to the extent of the benefits allegedly received by the prisoner or (ii) following an award of compensation to the prisoner, the government separately sought to recover some of the money back on the basis of having provided benefits to the prisoner. One might find the government's approach in either of the last two scenarios objectionable but it would be in a somewhat different category to a government claim against the prisoner outside the context of already paying compensation to the prisoner (which is how the matter seemed to be presented in some newspaper reports).

-----Original Message-----
From: Lisa Spagnolo Slater
Sent: 24/03/2004 23:49
Subject: Re: [RDG:] Unjust enrichment

That is quite extraordinary. Please keep us posted on the outcome.

Are the claims by the government against former prisoners being set up as common law restitutionary actions, or under statutory provisions?

I have been following the discussions on RDG for a few years now, but this is my first contribution.