Without prejudice, letter before action to Charles Falconer

Without prejudice, letter before action to Charles Falconer

WITHOUT PREJUDICE

Dear Charles Falconer

Letter before action

Re: Misfeasance in public office and negligence

I have been instructed by Ben Gunn, General Secretary of the Association of Prisoners, to pursue legal action against yourself.

As you are aware, from the Consultation document cp2906 which cited paragraph 82 of Hirst v UK(No2):

"In the light of this paragraph no change would be contrary to the terms of the judgment".

Being aware of this position, it begs the question why you then decided to adopt a policy of no change?

The subtitle of the consultation document reads:

The UK Government’s response to the Grand Chamber of the European Court of Human Rights judgment in the case of Hirst v. The United Kingdom

To do nothing, no change, hardly constitutes a response. Rather it is a non-response.

In oder to show you the difference between a response and a non-response, the Association of Prisoners has decided to sue you personally at private law for the torts of misfeasance in public office and negligence.

If you would prefer to settle outside of court, feel free to make an offer for a full and final settlement.

Yours sincerely

John Hirst, Legal Adviser to the Association of Prisoners.