Source: All England Reporter
Publisher Citation: [2005] All ER (D) 253 (Jan)
Neutral Citation: [2005] EWCA Civ 38
Court: Court of Appeal, Civil Division
Judge:

Brooke, Thomas and Jacob LJJ
Representation 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.
Judgment Dates: 27 January 2005

Catchwords

Practice and procedure - County court - Jurisdiction - Asylum-seeker seeking damages for false imprisonment - Appropriateness of action in county court.

The Case

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.

Practice Areas

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