Source: All England Reporter
Publisher Citation: [2009] All ER (D) 177 (Jul)
Neutral Citation: [2009] EWCA Civ 747
Court: Court of Appeal, Civil Division

Sedley, Longmore and Elias LJJ

Representation Jessica Simor and Samantha Knights (instructed by Liberty) for the claimants.
  James Eadie QC and Kate Gallafent (instructed by the Treasury Solicitor) for the Secretary of State.
  Jim Sturman QC and James Hodivala (instructed by Devonshires) for the second defendant.
  Daniel Squires (instructed by Allen & Overy) for the intervener.
Judgment Dates: 17 July 2009


Human rights - Inhuman and degrading treatment - Effective investigation - Just satisfaction - Claimants in administrative detention at immigration centre pending lawful disposal - Disturbance occurring at immigration centre - Request that Secretary of State open independent public inquiry into allegation of ill-treatment - Secretary of State refusing to accept request - Judge finding violation of claimants' right to effective investigation into allegation - Whether claimants entitled to just satisfaction -  1, Pt 1, s 3.  

The Case

Human rights Inhuman and degrading treatment. Court of Appeal, Civil Division: On an application by the claimants for an award of just satisfaction under s8 of the for the Secretary of State's breach of the United Kingdom's obligation under art3 of the European Convention on Human Rights to institute an independent inquiry, to which the claimants would have full access and which would make its findings public, into the handling of a disturbance at an immigration centre, the court decided that the issue of just satisfaction would be remitted to the Queen's Bench Division for determination with the individual claims for damages.

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