||All England Reporter
|| All ER (D) 253 (Jan)
|| EWCA Civ 38
||Court of Appeal, Civil Division
Brooke, Thomas and Jacob LJJ
||Rabinder Singh QC and Raza Husain (instructed by Bhatt Murphy) for the claimants.
||Stuart Catchpole QC and Jennie Richards (instructed by the Treasury Solicitor) for the Home Office.
||Richard Gordon QC, Nadine Finch and Richard Hermer (instructed by Birnberg Peirce) for the interveners, Bail for Immigration Detainees and Immigration Law Practitioners' Association.
||27 January 2005
Practice and procedure - County court - Jurisdiction - Asylum-seeker seeking damages for false imprisonment - Appropriateness of action in county court.
It was not an abuse of process for the claimants, who were asylum-seekers, to have brought the claim for damages for false imprisonment in the county court, thereby allegedly circumventing the safeguards of the judicial review regime. Moreover, immigration officers had no immunity from a claim for damages for false imprisonment if a claimant's detention was found to be unlawful under English law.
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary