Shittu v The Home Office [2017] EWCA Civ 1748 (17 November 2017)

Shittu v The Home Office [2017] EWCA Civ 1748 (17 November 2017)

The trial judge was entitled to find, on the evidence, that the officers genuinely and reasonably believed it was necessary to use force to protect the child from harm and that the force used was reasonable and proportionate in the circumstances. The findings of fact could not be impugned on appeal.

Citation
[2017] EWCA Civ 1748
Parties
Appellant/claimant: Veronica Shittu; Appellant/claimant: Kenny Faith Shittu; Respondent/defendant: The Home Office
Jurisdiction
England and Wales
Judgment Date
17 November 2017
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Assault and Battery, Use of Force by State Agents, Necessity Defence, Removal of Immigrants, Damages for Personal Injury
Tort Law Immigration Law Civil Procedure Assault and Battery Use of Force by State Agents Necessity Defence Removal of Immigrants Damages for Personal Injury

Case Brief

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Parties

Veronica Shittu

Appellant/claimant

Kenny Faith Shittu

Appellant/claimant

The Home Office

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the force used by immigration officers in separating a child from her mother during a removal operation constituted unlawful assault and battery
  2. 2 Whether the officers' actions were justified by the common law defence of necessity
  3. 3 Whether the officers' belief in the necessity of force was reasonable and proportionate

Ratio Decidendi

The trial judge was entitled to find, on the evidence, that the officers genuinely and reasonably believed it was necessary to use force to protect the child from harm and that the force used was reasonable and proportionate in the circumstances. The findings of fact could not be impugned on appeal.

Court Disposition

Appeal dismissed