Warsama & Anor v The Foreign And Commonwealth Office & Or (Bill of Rights - basis of damages in Convention Claims - loss of a chance - costs) [2018] EWHC 3393 (QB) (05 December 2018)

Warsama & Anor v The Foreign And Commonwealth Office & Or (Bill of Rights - basis of damages in Convention Claims - loss of a chance - costs) [2018] EWHC 3393 (QB) (05 December 2018)

Claims relating to the process and procedure of the Wass Inquiry, including lack of forewarning and opportunity to respond, are not barred by Parliamentary Privilege and may proceed. Claims impugning the content or consequences of publication of the report are barred. The pleadings are sufficient to found actionable...

Source-derived case information.

Citation
[2018] EWHC 3393
Parties
Claimant: Mr Martin Warsama; Claimant: Ms Claire Gannon; Defendant: The Foreign and Commonwealth Office; Defendant: The Wass Inquiry; Defendant: Ms Sasha Wass QC
Jurisdiction
England and Wales
Judgment Date
05 December 2018
Procedural Posture
Civil (convention Claim, Queen's Bench Division) / Post Summary Judgment/strike Out Applications; Supplemental Judgment on Form of Order
Outcome
Claimants' claims not struck out; Defendants' applications for strike out/summary judgment dismissed; costs awarded to Claimants; both parties granted permission to appeal.
Legal Topics
Article 8 ECHR, Parliamentary Privilege, Bill of Rights 1689, Maxwellisation/salmon Letters, Costs, Loss of a Chance, Public Authority Under HRA 1998
Human Rights Constitutional Law Civil Procedure Article 8 ECHR Parliamentary Privilege Bill of Rights 1689 Maxwellisation/salmon Letters Costs +2 more

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Parties

Mr Martin Warsama

Claimant

Ms Claire Gannon

Claimant

The Foreign and Commonwealth Office

Defendant

The Wass Inquiry

Defendant

Ms Sasha Wass QC

Defendant

Procedural Posture

Civil (convention Claim, Queen's Bench Division) / Post Summary Judgment/strike Out Applications; Supplemental Judgment on Form of Order

Legal Issues

  1. 1 Whether Parliamentary Privilege bars the claimants' Convention claims relating to the process of the Wass Inquiry
  2. 2 Whether the claims as pleaded survive summary judgment/strike out applications
  3. 3 Whether damages for loss of a chance are available in Convention claims under Article 8 ECHR

Ratio Decidendi

Claims relating to the process and procedure of the Wass Inquiry, including lack of forewarning and opportunity to respond, are not barred by Parliamentary Privilege and may proceed. Claims impugning the content or consequences of publication of the report are barred. The pleadings are sufficient to found actionable Convention claims for procedural breaches, and damages may be available on a loss of a chance basis. The claimants are the successful parties for costs purposes.

Court Disposition

Claimants' claims not struck out; Defendants' applications for strike out/summary judgment dismissed; costs awarded to Claimants; both parties granted permission to appeal.

Orders

  • Claimants may pursue claims relating to actionable harms from the process of the inquiry, excluding challenges to the content or consequences of the report's publication.
  • Defendants' applications to strike out or for summary judgment dismissed.