R (on the application of Pennington) v Parole Board


The correct approach to assessing damages for a violation of the European Convention on Human Rights 1950 art.5 was by reference to the past decisions of the European Court of Human Rights rather than by reference to domestic scales. But a figure should not be merely extrapolated from awards made by the ECtHR in supposedly analogous situations; rather the figure had to reflect the particular facts of the individual case.