O'Brien and others (FC) (Appellants) v Independent Assessor (Respondent)

In O’Brien and others (FC) (Appellants) v Independent Assessor (Respondent), the House of Lords considered two issues relating to the assessment of compensation payable to the appellants for wrongful imprisonment due to a miscarriage of justice. The first issue concerned the deduction of 25% from the appellants' lost earnings to account for the basic living expenses they would have incurred had they not been imprisoned. The second issue involved the percentage deduction made from the non-pecuniary loss compensation for the appellants' past criminal records, which was significantly higher than that applied to another individual, Mr. Robinson, who was also a victim of the same miscarriage of justice.

The House of Lords held that the deduction of 25% from the appellants' lost earnings to account for basic living expenses was appropriate, as it was necessary to avoid overcompensating the appellants. The Court found that the deduction did not represent a benefit of being imprisoned but rather reflected the reality that the appellants would have had to incur such expenses had they not been imprisoned. Regarding the second issue, the House of Lords rejected the appellants' argument that the higher percentage deduction for their past criminal records was unfair, as the assessor was not bound to follow the precedent set by his predecessor. The Court held that the assessor's discretion in determining the appropriate percentage deduction was within the bounds of judgmental discretion and that the disparity in the deductions did not render the assessment unlawful.