
Toby Wilton calls for increase in compensation cap following Peter Sullivan case
14 May 2025
Civil Litigation solicitor Toby Wilton has been quoted in the media calling for the Government to increase the total potential compensation paid to victims of the most serious miscarriages of justice.
Toby appeared on BBC Radio, and was quoted in the Independent newspaper and elsewhere, following the Court of Appeal’s decision to quash the conviction of Peter Sullivan, who spent nearly 40 years in prison for a murder he did not commit.
Toby, who represents Andrew Malkinson in his claims for compensation, said: “To be eligible for compensation at all, Peter Sullivan will have to convince the Secretary of State for Justice that this new DNA evidence shows beyond a reasonable doubt that he did not commit the offence. This reverses the ordinary burden of proof in criminal cases.
“Even if he is able to overcome this hurdle then the current compensation scheme arbitrarily disadvantages people like Andrew Malkinson and Peter Sullivan who have suffered the longest and most serious miscarriages of justice as the total amount payable in compensation is currently capped at £1m.
“This figure was set in 2008 and would be worth roughly twice as much in today’s money. The Secretary of State has the power, under the Act, to increase this cap but they have so far refused to do so.”
Read the Independent’s report and listen to Toby’s BBC interview at 2:41:50.