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 Mr Ratel in his prosecutorial functions, nor that the claimants or their relatives were within the UK's jurisdiction for ECHR purposes. The acts complained of are not attributable to the UK, and the Human Rights Act 1998 does not apply to deaths/disappearances before 2 October 2000. There is no other compelling reason for the case to proceed to trial. Summary judgment is granted for the FCO.

Citation
[2019] EWHC 3350
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 for the defendant; claim dismissed.
Legal Topics
State Liability for Acts of Seconded Officials, Jurisdiction Under ECHR Article 1, Immunity of International Mission Personnel, Procedural Obligations Under ECHR Articles 2 and 3, Summary Judgment Standards
Human Rights Law Public International Law Civil Procedure State Liability for Acts of Seconded Officials Jurisdiction Under ECHR Article 1 Immunity of International Mission Personnel Procedural Obligations Under ECHR Articles 2 and 3 Summary Judgment Standards

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 UK (FCO) is liable under the Human Rights Act 1998 for alleged failures by a seconded prosecutor in Kosovo to investigate deaths and abductions
  2. 2 Whether the claimants were within the UK's jurisdiction for ECHR purposes
  3. 3 Whether immunity applies to the acts of the prosecutor or the FCO

Ratio Decidendi

The claimants have no real prospect of establishing that the FCO exercised direction or control over Mr Ratel in his prosecutorial functions, nor that the claimants or their relatives were within the UK's jurisdiction for ECHR purposes. The acts complained of are not attributable to the UK, and the Human Rights Act 1998 does not apply to deaths/disappearances before 2 October 2000. There is no other compelling reason for the case to proceed to trial. Summary judgment is granted for the FCO.

Court Disposition

Summary judgment for the defendant; claim dismissed.

Orders

  • Claim dismissed in its entirety against the Foreign and Commonwealth Office.