Warsama & Anor v The Foreign And Commonwealth Office & Or (Bill of Rights - basis of damages in Convention Claims - loss of a chance - costs)

Warsama & Anor v The Foreign And Commonwealth Office & Or (Bill of Rights - basis of damages in Convention Claims - loss of a chance - costs)

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. Damages for loss of a chance and just satisfaction under Article 8 ECHR are potentially recoverable if procedural breaches are established.

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 Summary Judgment and Strike Out Applications; Supplemental Judgment and Order
Outcome
Claimants' claims not struck out; applications for strike out and summary judgment dismissed; Claimants declared successful parties.
Legal Topics
Article 8 ECHR, Parliamentary Privilege, Bill of Rights 1689, Loss of a Chance, Costs, Procedural Fairness
Human Rights Constitutional Law Administrative Law Article 8 ECHR Parliamentary Privilege Bill of Rights 1689 Loss of a Chance Costs +1 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 Summary Judgment and Strike Out Applications; Supplemental Judgment and Order

Legal Issues

  1. 1 Whether Parliamentary Privilege bars claims relating to the Wass Inquiry Report
  2. 2 Whether the inquiry process breached Article 8 ECHR rights
  3. 3 Whether damages for loss of a chance are recoverable under the Convention

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. Damages for loss of a chance and just satisfaction under Article 8 ECHR are potentially recoverable if procedural breaches are established.

Court Disposition

Claimants' claims not struck out; applications for strike out and summary judgment dismissed; Claimants declared successful parties.

Orders

  • Claimants may pursue claims relating to actionable harms arising from process and procedure, not content or publication of the report.
  • Claims impugning the content or consequences of publication of the Wass Inquiry Report are barred by Parliamentary Privilege.