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 of the report or arising from its publication are barred. The Claimants' pleadings are sufficient to...

Source-derived case information.

Citation
[2018] EWHC 3393 (QB)
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 / Post Judgment, Supplemental Judgment on Form of Order and Costs
Outcome
Applications to strike out or for summary judgment dismissed; Claimants declared successful parties for costs.
Legal Topics
Article 8 ECHR, Parliamentary Privilege, Bill of Rights 1689, Maxwellisation, Salmon Letter, Damages in Convention Claims, Loss of a Chance, Costs, Public Authority Under HRA 1998
Human Rights Law Constitutional Law Civil Procedure Article 8 ECHR Parliamentary Privilege Bill of Rights 1689 Maxwellisation Salmon Letter +4 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 / Post Judgment, Supplemental Judgment on Form of Order and Costs

Legal Issues

  1. 1 Whether Parliamentary Privilege bars the Claimants' claims under Article 8 ECHR
  2. 2 Whether the process of the inquiry (as opposed to the content/publication of the report) breached Article 8 rights
  3. 3 Whether damages or just satisfaction are available for loss of a chance in Convention claims

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 of the report or arising from its publication are barred. The Claimants' pleadings are sufficient to allege actionable breaches of Article 8 by reason of process, and damages or just satisfaction may be available on a 'loss of a chance' basis. The Claimants are the successful parties for costs.

Court Disposition

Applications to strike out or for summary judgment dismissed; Claimants declared successful parties for costs.

Orders

  • Claimants not barred by Parliamentary Privilege from pursuing claims relating to process and procedure of the inquiry, excluding challenges to the content or consequences of publication of the report.
  • Claims impugning the content or consequences of publication of the Wass Inquiry Report are barred by Parliamentary Privilege.