Tomanovic & Ors v The Foreign And Commonwealth Office [2019] EWHC 3350 (QB) (05 December 2019)

Tomanovic & Ors v The Foreign And Commonwealth Office [2019] EWHC 3350 (QB) (05 December 2019)

The claimants have no real prospect of establishing that the FCO exercised direction or control over the seconded prosecutor's operational functions, nor that the claimants or their relatives were within UK jurisdiction for ECHR purposes; summary judgment is granted to the FCO.

Citation
[2019] EWHC 3350 (QB)
Parties
Claimant: Verica Tomanovic; Claimant: Snezana Milenkovic; Claimant: Vesna Kontic; Claimant: Danijela Todorovic; Claimant: Olga Milovanovic; Claimant: Zlata Veselinovic; Claimant: Zivorad Jovanovic; Claimant: Marika Peric; Defendant: The Foreign and Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
05 December 2019
Procedural Posture
Civil Claim Under Human Rights Act 1998 / Summary Judgment Application
Outcome
Summary judgment granted for the defendant; claim dismissed.
Legal Topics
State Immunity, Jurisdiction Under ECHR, Obligation to Investigate Unlawful Killing, Secondment Liability, Summary Judgment
Human Rights International Law Civil Procedure State Immunity Jurisdiction Under ECHR Obligation to Investigate Unlawful Killing Secondment Liability Summary Judgment

Case Brief

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Parties

Verica Tomanovic

Claimant

Snezana Milenkovic

Claimant

Vesna Kontic

Claimant

Danijela Todorovic

Claimant

Olga Milovanovic

Claimant

Zlata Veselinovic

Claimant

Zivorad Jovanovic

Claimant

Marika Peric

Claimant

The Foreign and Commonwealth Office

Defendant

Procedural Posture

Civil Claim Under Human Rights Act 1998 / Summary Judgment Application

Legal Issues

  1. 1 Whether the FCO is liable for alleged breaches of ECHR Articles 2 and 3 by a seconded prosecutor in Kosovo
  2. 2 Whether Mr Ratel is immune from legal process
  3. 3 Whether claimants were within UK jurisdiction for ECHR purposes

Ratio Decidendi

The claimants have no real prospect of establishing that the FCO exercised direction or control over the seconded prosecutor's operational functions, nor that the claimants or their relatives were within UK jurisdiction for ECHR purposes; summary judgment is granted to the FCO.

Court Disposition

Summary judgment granted for the defendant; claim dismissed.

Orders

  • Claim dismissed against the Foreign and Commonwealth Office.
  • No trial on the merits will proceed.