Home Office v Mohammed & Ors

Home Office v Mohammed & Ors

The Home Secretary's appeal is allowed on the issue of common law negligence—no duty of care arises in these circumstances. The appeal is dismissed in relation to the Article 8 ECHR claim, which raises a triable issue. The claims under Article 8 are not struck out and should proceed to trial, subject to limitation arguments for some claimants.

Parties
Appellant: Home Office; Respondents: Mohammed & Others
Jurisdiction
England and Wales
Judgment Date
29 March 2011
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Strike Out/summary Judgment Application
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Negligence of Public Authorities, Article 8 ECHR (right to Private and Family Life), Damages for Maladministration, Judicial Remedies Against Public Bodies
Public Law Human Rights Law Tort Law Negligence of Public Authorities Article 8 ECHR (right to Private and Family Life) Damages for Maladministration Judicial Remedies Against Public Bodies

Case Brief

Summary, issues, holding and outcome

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Parties

Home Office

Appellant

Mohammed & Others

Respondents

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Strike Out/summary Judgment Application

Legal Issues

  1. 1 Whether delay or denial of Indefinite Leave to Remain (ILR) by the Home Office gives rise to a claim in negligence
  2. 2 Whether such delay or denial constitutes a breach of Article 8 ECHR
  3. 3 Whether the claims are time-barred under s.7(5) Human Rights Act 1998

Ratio Decidendi

The Home Secretary's appeal is allowed on the issue of common law negligence—no duty of care arises in these circumstances. The appeal is dismissed in relation to the Article 8 ECHR claim, which raises a triable issue. The claims under Article 8 are not struck out and should proceed to trial, subject to limitation arguments for some claimants.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Common law negligence claims struck out; no duty of care arises
  • Article 8 ECHR claims to proceed to trial, subject to limitation arguments