AM & Ors, R (on the application of) v Secretary of State for the Home Department & Ors

AM & Ors, R (on the application of) v Secretary of State for the Home Department & Ors

The court held that it would be inappropriate to make or quantify an award for just satisfaction at this stage. The issue should be remitted to the trial judge to determine, alongside the individual claims for damages, whether and how much compensation is necessary for the breach of Article 3 ECHR.

Parties
Appellant: AM & Others; 1st Respondent: Secretary of State for the Home Department; 2nd Respondent: Kalyx Limited; Intervener: Bail for Immigration Detainees
Jurisdiction
England and Wales
Judgment Date
17 July 2009
Procedural Posture
Judicial Review / Public Law / Appeal Post Judgment Consequential Matters
Outcome
Issue of just satisfaction remitted to Queen’s Bench Division for determination with individual damages claims.
Legal Topics
Article 3 ECHR, Duty of Inquiry, Just Satisfaction, Damages Under Human Rights Act 1998
Human Rights Law Administrative Law Article 3 ECHR Duty of Inquiry Just Satisfaction Damages Under Human Rights Act 1998

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Parties

AM & Others

Appellant

Secretary of State for the Home Department

1st Respondent

Kalyx Limited

2nd Respondent

Bail for Immigration Detainees

Intervener

Procedural Posture

Judicial Review / Public Law / Appeal Post Judgment Consequential Matters

Legal Issues

  1. 1 Whether failure to hold an independent inquiry under Article 3 ECHR is a compensable wrong distinct from personal damages
  2. 2 Whether just satisfaction under s.8 Human Rights Act 1998 should be awarded for breach of the duty of inquiry

Ratio Decidendi

The court held that it would be inappropriate to make or quantify an award for just satisfaction at this stage. The issue should be remitted to the trial judge to determine, alongside the individual claims for damages, whether and how much compensation is necessary for the breach of Article 3 ECHR.

Court Disposition

Issue of just satisfaction remitted to Queen’s Bench Division for determination with individual damages claims.

Orders

  • The issue of just satisfaction is remitted to the Queen’s Bench Division for determination with the individual claims for damages.