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

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

Operators of a contracted-out immigration detention centre, as entities with public law duties for order and security within the centre, are not qualifying persons entitled to claim compensation under the Riot (Damages) Act 1886 for riot damage caused by detainees within the centre. The Act is intended to compensate...

Source-derived case information.

Parties
Claimant: Yarl's Wood Immigration Limited; Claimant: GSL UK Limited; Claimant: Creechurch Dedicated Limited; Defendant: Bedfordshire Police Authority
Jurisdiction
England and Wales
Judgment Date
30 September 2008
Procedural Posture
Civil (commercial Court, Queen's Bench Division) / Judgment on Preliminary Issues
Outcome
Claim dismissed on preliminary issues; claimants not entitled to claim under the Riot (Damages) Act 1886 for riot damage caused by detainees within the detention centre.
Legal Topics
Riot (damages) Act 1886, Liability for Riot Damage, Public Authority Duties, Compensation for Riot Damage, Statutory Construction, Police Powers and Duties, Immigration Detention Centres, Contracted Out Public Functions
Public Law Statutory Interpretation Police Law Administrative Law Insurance Law Riot (damages) Act 1886 Liability for Riot Damage Public Authority Duties +5 more

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Parties

Yarl's Wood Immigration Limited

Claimant

GSL UK Limited

Claimant

Creechurch Dedicated Limited

Claimant

Bedfordshire Police Authority

Defendant

Procedural Posture

Civil (commercial Court, Queen's Bench Division) / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether operators of a contracted-out immigration detention centre are qualifying persons entitled to claim compensation under the Riot (Damages) Act 1886 for riot damage caused by detainees.
  2. 2 Whether the public law responsibilities of the claimants for order and security within the detention centre exclude them from the scope of the 1886 Act.
  3. 3 Whether the police authority is liable under the 1886 Act where another public authority has primary responsibility for order in the relevant premises.

Ratio Decidendi

Operators of a contracted-out immigration detention centre, as entities with public law duties for order and security within the centre, are not qualifying persons entitled to claim compensation under the Riot (Damages) Act 1886 for riot damage caused by detainees within the centre. The Act is intended to compensate those whom the police are responsible for protecting from riot, not to enable one public authority with responsibility for order to claim against another with broadly equivalent responsibility. Accordingly, the claimants' claims fall outside the scope and intention of the 1886 Act.

Court Disposition

Claim dismissed on preliminary issues; claimants not entitled to claim under the Riot (Damages) Act 1886 for riot damage caused by detainees within the detention centre.