Ahmed v Director General of Security Service & Ors [2020] EWHC 3458 (QB) (16 December 2020)

Ahmed v Director General of Security Service & Ors [2020] EWHC 3458 (QB) (16 December 2020)

The civil claim is struck out as an abuse of process because it constitutes a collateral attack on final decisions of the criminal courts, which already determined the core factual allegations after full consideration. No fresh evidence is presented that would entirely change the aspect of the case. Permitting the...

Source-derived case information.

Citation
[2020] EWHC 3458
Parties
Claimant: Rangzieb Ahmed; Defendant: Director General of Security Service; Defendant: Chief of the Secret Intelligence Service; Defendant: Secretary of State for Foreign, Commonwealth and Development Affairs; Defendant: Secretary of State for the Home Department; Defendant: Her Majesty's Attorney-General; Defendant: Chief Constable of Greater Manchester Police
Jurisdiction
England and Wales
Judgment Date
16 December 2020
Procedural Posture
Civil / Application to Strike Out Statement of Case as Abuse of Process
Outcome
Claim struck out as abuse of process
Legal Topics
Abuse of Process, Collateral Attack, Complicity in Torture, False Imprisonment, Assault and Battery, Misfeasance in Public Office, Negligence, Human Rights Act 1998, ECHR Articles 3 and 5
Civil Procedure Human Rights Tort Law Public Law Abuse of Process Collateral Attack Complicity in Torture False Imprisonment +5 more

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Summary, issues, holding and outcome

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Parties

Rangzieb Ahmed

Claimant

Director General of Security Service

Defendant

Chief of the Secret Intelligence Service

Defendant

Secretary of State for Foreign, Commonwealth and Development Affairs

Defendant

Secretary of State for the Home Department

Defendant

Her Majesty's Attorney-General

Defendant

Chief Constable of Greater Manchester Police

Defendant

Procedural Posture

Civil / Application to Strike Out Statement of Case as Abuse of Process

Legal Issues

  1. 1 Whether the civil claim constitutes an abuse of process as a collateral attack on prior criminal court decisions
  2. 2 Whether fresh evidence justifies allowing the civil claim to proceed despite prior findings
  3. 3 Whether the defendants were complicit in the claimant's alleged torture and unlawful detention

Ratio Decidendi

The civil claim is struck out as an abuse of process because it constitutes a collateral attack on final decisions of the criminal courts, which already determined the core factual allegations after full consideration. No fresh evidence is presented that would entirely change the aspect of the case. Permitting the claim to proceed would be manifestly unfair and bring the administration of justice into disrepute.

Court Disposition

Claim struck out as abuse of process

Orders

  • Claimant's statement of case struck out under CPR 3.4(2)(b)
  • No permission to proceed with the civil claim against any defendant