Kamoka & Ors v The Security Service And Others [2019] EWHC 290 (QB) (15 February 2019)

Kamoka & Ors v The Security Service And Others [2019] EWHC 290 (QB) (15 February 2019)

There is no binding Court of Appeal authority precluding claims for false imprisonment based on public law errors in deportation decisions. The Lumba principle applies: if the Home Secretary failed to consider relevant material bearing on safety of return, the resulting detention is unlawful and actionable in tort. Procedural errors that bear on the legality of detention are sufficient to found a claim, provided they are not minor or technical. Summary judgment cannot be granted on open material alone given unresolved factual issues and the need for further disclosure.

Citation
[2019] EWHC 290
Parties
Claimants: Ismail Kamoka and others; Defendants: The Security Service and others; Special Advocates: Special Advocates (Angus McCullough QC, Tom Forster QC, Jennifer Carter-Manning, Rachel Toney)
Jurisdiction
England and Wales
Judgment Date
15 February 2019
Procedural Posture
Civil (false Imprisonment, Trespass, Public Law Claims) / Summary Judgment Application Under CPR Part 24; Consideration of Closed Material Procedure Under Justice and Security Act 2013
Outcome
Summary judgment application dismissed; claims to proceed to trial with further disclosure and closed material procedure.
Legal Topics
False Imprisonment, Trespass, Deportation, Closed Material Procedure, Article 3 ECHR, Judicial Review, Damages
Public Law Human Rights Immigration Tort False Imprisonment Trespass Deportation Closed Material Procedure +3 more

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Parties

Ismail Kamoka and others

Claimants

The Security Service and others

Defendants

Special Advocates (Angus McCullough QC, Tom Forster QC, Jennifer Carter-Manning, Rachel Toney)

Special Advocates

Procedural Posture

Civil (false Imprisonment, Trespass, Public Law Claims) / Summary Judgment Application Under CPR Part 24; Consideration of Closed Material Procedure Under Justice and Security Act 2013

Legal Issues

  1. 1 Whether failure to consider relevant material in deportation decisions renders subsequent detention unlawful under false imprisonment/trespass
  2. 2 Whether binding Court of Appeal authority precludes claims for false imprisonment based on public law errors
  3. 3 Scope and application of the Lumba principle to deportation and detention decisions

Ratio Decidendi

There is no binding Court of Appeal authority precluding claims for false imprisonment based on public law errors in deportation decisions. The Lumba principle applies: if the Home Secretary failed to consider relevant material bearing on safety of return, the resulting detention is unlawful and actionable in tort. Procedural errors that bear on the legality of detention are sufficient to found a claim, provided they are not minor or technical. Summary judgment cannot be granted on open material alone given unresolved factual issues and the need for further disclosure.

Court Disposition

Summary judgment application dismissed; claims to proceed to trial with further disclosure and closed material procedure.

Orders

  • Tight timetable imposed for disclosure and section 8 hearing under Justice and Security Act 2013.
  • Section 6 declaration required for closed material procedure.