The BBC's Jon Silverman: Judicial misconduct could justify an ex-gratia payment

Last week, Mr Straw announced that the case fell outside the statutory compensation scheme. He also said he would not authorise a discretionary payment.

But lawyers believe a significant High Court ruling in four other cases on Monday may lead to a change of heart.

Derek Bentley: Controversy over his execution led to a film

Mr Bentley was 19 when he was convicted of the rooftop shooting in south London of a policeman and sentenced to death by hanging, although it was his young accomplice who fired the fatal shot.

The jury at his trial was not told that Mr Bentley had a mental age of 11 and controversy over the case helped to fuel the campaign for the abolition of capital punishment.

Solicitor Benedict Birnberg: Jack Straw adhered to the usual policy - that was wrong

After a long fight by relatives to clear his name, Mr Bentley's conviction was quashed last year on the grounds of gross bias by the judge at his trial, Lord Goddard.

Last week, the home secretary decided that this put the matter outside the compensation scheme and also that there were no sufficiently exceptional circumstances to justify a special payment.

Denis Bentley: Condemned the decision not to award compensation

But the High Court has now ruled that judicial misconduct could justify an ex-gratia payment.

The judges sent back to Mr Straw claims on behalf of four defendants who had had convictions quashed for theft or fraud and had spent time in custody.

Lawyers for the Bentley family said they would now argue that the Mr Straw had improperly fettered his discretion and would ask him to think again. If not, they say they will challenge his decision at the High Court.