Yarl's Wood Immigration Ltd & Ors v Bedfordshire Police Authority

Yarl's Wood Immigration Ltd & Ors v Bedfordshire Police Authority

The operators of Yarl’s Wood Immigration Detention Centre and their insurers are 'any person' within the meaning of section 2(1) of the Riot (Damages) Act 1886 and are entitled to bring a claim for compensation for riot damage, notwithstanding their public law responsibilities for order and security within the centre. The Act's language is clear and inclusive, and any issues of responsibility or fault are to be addressed in the assessment of compensation, not in determining eligibility to claim.

Parties
Appellant / Claimant: Yarl’s Wood Immigration Limited; Appellant / Claimant: GSL UK Limited; Appellant / Claimant: Creechurch Dedicated Limited (sole member of D J Pye Syndicate 962 at Lloyd’s); Respondent / Defendant: Bedfordshire Police Authority
Jurisdiction
England and Wales
Judgment Date
23 October 2009
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division, Commercial Court)
Outcome
Appeal allowed
Legal Topics
Riot (damages) Act 1886, Compensation for Riot Damage, Public Authority Liability, Statutory Compensation Schemes
Statutory Interpretation Public Law Insurance Law Riot (damages) Act 1886 Compensation for Riot Damage Public Authority Liability Statutory Compensation Schemes

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Parties

Yarl’s Wood Immigration Limited

Appellant / Claimant

GSL UK Limited

Appellant / Claimant

Creechurch Dedicated Limited (sole member of D J Pye Syndicate 962 at Lloyd’s)

Appellant / Claimant

Bedfordshire Police Authority

Respondent / Defendant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division, Commercial Court)

Legal Issues

  1. 1 Whether the operators of a contracted-out immigration detention centre (and their insurers) are 'any person' entitled to compensation under section 2(1) of the Riot (Damages) Act 1886 for riot damage caused by detainees within the centre.
  2. 2 Whether public law responsibilities for order and security within the detention centre exclude the operators from qualifying as claimants under the Act.

Ratio Decidendi

The operators of Yarl’s Wood Immigration Detention Centre and their insurers are 'any person' within the meaning of section 2(1) of the Riot (Damages) Act 1886 and are entitled to bring a claim for compensation for riot damage, notwithstanding their public law responsibilities for order and security within the centre. The Act's language is clear and inclusive, and any issues of responsibility or fault are to be addressed in the assessment of compensation, not in determining eligibility to claim.

Court Disposition

Appeal allowed

Orders

  • Declaration that Yarl’s Wood Immigration Limited and GSL UK Limited are entitled to bring a claim under the Riot (Damages) Act 1886 in respect of riot damage within the Yarl’s Wood detention centre.