Annmarie Smalling-Small v Home Office West Midlands

Annmarie Smalling-Small v Home Office West Midlands

The application to set aside the limited civil restraint order was refused because the applicant's repeated applications were totally without merit, any claim for damages for judicial acts must be brought in the High Court within one year, and there is no further avenue to relitigate the lawfulness of the 2004 removal. The civil restraint order is justified to prevent further waste of judicial resources.

Parties
Applicant/claimant: Annmarie Smalling-Small; Respondent: Home Office West Midlands
Jurisdiction
England and Wales
Judgment Date
14 August 2025
Procedural Posture
Application to Set Aside Limited Civil Restraint Order / Ruling on Application to Set Aside
Outcome
Application refused
Legal Topics
Civil Restraint Orders, Judicial Review, Human Rights Act 1998, Convention Rights, Section 9 Claims
Civil Procedure Human Rights Civil Restraint Orders Judicial Review Human Rights Act 1998 Convention Rights Section 9 Claims

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Parties

Annmarie Smalling-Small

Applicant/claimant

Home Office West Midlands

Respondent

Procedural Posture

Application to Set Aside Limited Civil Restraint Order / Ruling on Application to Set Aside

Legal Issues

  1. 1 Whether the limited civil restraint order should be set aside
  2. 2 Whether previous judicial acts breached Convention rights
  3. 3 Whether a free-standing claim for damages under section 9 Human Rights Act 1998 is available

Ratio Decidendi

The application to set aside the limited civil restraint order was refused because the applicant's repeated applications were totally without merit, any claim for damages for judicial acts must be brought in the High Court within one year, and there is no further avenue to relitigate the lawfulness of the 2004 removal. The civil restraint order is justified to prevent further waste of judicial resources.

Court Disposition

Application refused

Orders

  • The application to set aside the limited civil restraint order is refused.
  • The limited civil restraint order made on 29 July 2025 remains in place.