Zubaydah v Foreign And Commonwealth Office & Ors [2022] EWCA Civ 334 (16 March 2022)

Zubaydah v Foreign And Commonwealth Office & Ors [2022] EWCA Civ 334 (16 March 2022)

The Court of Appeal held that the judge erred in law by failing to focus on the alleged tortious conduct of the UK Services, by discounting the minimal significance of the claimant's location and the Services' knowledge thereof, and by undervaluing the strong connections between the alleged tort and England. The only possible conclusion was that it is substantially more appropriate for English law to apply under section 12 of the 1995 Act, displacing the general rule that would otherwise point to the law of the Six Countries.

Citation
[2022] EWCA Civ 334
Parties
Appellant/claimant: Zayn Al-Abidin Muhammad Husayn (Abu Zubaydah); Respondent/defendant: The Foreign and Commonwealth Office; Respondent/defendant: The Home Office; Respondent/defendant: The Attorney General
Jurisdiction
England and Wales
Judgment Date
16 March 2022
Procedural Posture
Appeal / Court of Appeal Judgment on Preliminary Issue of Applicable Law
Outcome
Appeal allowed
Legal Topics
Applicable Law in Tort, Vicarious Liability, Misfeasance in Public Office, Conspiracy to Injure, Trespass to the Person, False Imprisonment, Negligence, Extraordinary Rendition, Torture, Public Policy Exception
Private International Law Tort Law Human Rights Applicable Law in Tort Vicarious Liability Misfeasance in Public Office Conspiracy to Injure Trespass to the Person +5 more

Case Brief

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Parties

Zayn Al-Abidin Muhammad Husayn (Abu Zubaydah)

Appellant/claimant

The Foreign and Commonwealth Office

Respondent/defendant

The Home Office

Respondent/defendant

The Attorney General

Respondent/defendant

Procedural Posture

Appeal / Court of Appeal Judgment on Preliminary Issue of Applicable Law

Legal Issues

  1. 1 What is the law applicable to torts allegedly committed by UK security services in connection with mistreatment and torture by the CIA abroad?
  2. 2 Should the general rule under section 11 of the Private International Law (Miscellaneous Provisions) Act 1995 be displaced by section 12 in favour of English law?
  3. 3 Is the application of foreign law contrary to English public policy under section 14 of the 1995 Act?

Ratio Decidendi

The Court of Appeal held that the judge erred in law by failing to focus on the alleged tortious conduct of the UK Services, by discounting the minimal significance of the claimant's location and the Services' knowledge thereof, and by undervaluing the strong connections between the alleged tort and England. The only possible conclusion was that it is substantially more appropriate for English law to apply under section 12 of the 1995 Act, displacing the general rule that would otherwise point to the law of the Six Countries.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Declaration that the law applicable to the claimant's claim is the law of England and Wales