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)

The Home Secretary's failure to consider relevant material regarding UK-Libya security service relations and involvement in unlawful renditions rendered the decisions to deport and detain C1-5 unlawful as a matter of public law. This public law error vitiated the lawfulness of the claimants' detention, entitling them to summary judgment on liability for false imprisonment and trespass, subject to issues of causation and quantum to be determined. There is no binding Court of Appeal authority precluding such claims, and the Lumba principle applies.

Citation
[2019] EWHC 290 (QB)
Parties
Claimants: Ismail Kamoka and others; Defendants: The Security Service and others; Special Advocates: Special Advocates (SASO)
Jurisdiction
England and Wales
Judgment Date
15 February 2019
Procedural Posture
Civil (false Imprisonment, Trespass, Public Law Tort) / Summary Judgment Application Under CPR Part 24; Defendants' Application Under Section 6 Justice and Security Act 2013
Outcome
Summary judgment granted for claimants on liability for false imprisonment and trespass (subject to causation and quantum); section 6 declaration to be made for closed material procedure; further directions for disclosure and section 8 hearing to follow.
Legal Topics
False Imprisonment, Trespass to the Person, Deportation, Judicial Review, Closed Material Procedure, Article 3 ECHR, Administrative Law, Damages
Public Law Immigration Law Human Rights Law Tort Law False Imprisonment Trespass to the Person Deportation Judicial Review +4 more

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Parties

Ismail Kamoka and others

Claimants

The Security Service and others

Defendants

Special Advocates (SASO)

Special Advocates

Procedural Posture

Civil (false Imprisonment, Trespass, Public Law Tort) / Summary Judgment Application Under CPR Part 24; Defendants' Application Under Section 6 Justice and Security Act 2013

Legal Issues

  1. 1 Whether failure to consider relevant material rendered detention and deportation decisions unlawful
  2. 2 Whether public law errors in deportation decisions can found tort claims for false imprisonment
  3. 3 Whether binding Court of Appeal authority precludes such claims

Ratio Decidendi

The Home Secretary's failure to consider relevant material regarding UK-Libya security service relations and involvement in unlawful renditions rendered the decisions to deport and detain C1-5 unlawful as a matter of public law. This public law error vitiated the lawfulness of the claimants' detention, entitling them to summary judgment on liability for false imprisonment and trespass, subject to issues of causation and quantum to be determined. There is no binding Court of Appeal authority precluding such claims, and the Lumba principle applies.

Court Disposition

Summary judgment granted for claimants on liability for false imprisonment and trespass (subject to causation and quantum); section 6 declaration to be made for closed material procedure; further directions for disclosure and section 8 hearing to follow.

Orders

  • Summary judgment for claimants C1-5 on liability for false imprisonment and trespass to the person.
  • Section 6 declaration under Justice and Security Act 2013 to permit closed material procedure.