BB & Ors v The Home Office [2011] EWHC 1446 (QB) (08 June 2011)

BB & Ors v The Home Office [2011] EWHC 1446 (QB) (08 June 2011)

The claim for damages for unlawful detention and inadequate medical treatment is not precluded by the prior judicial review proceedings, as those proceedings did not include or determine such claims, and the claimants are entitled to pursue private law remedies in the Queen's Bench Division. There is no principle requiring such claims to be brought only by judicial review, and the present claims do not amount to an abuse of process. The Deputy Master's order striking out the claims is set aside.

Citation
[2011] EWHC 1446
Parties
Claimant: BA; Claimant: BB; Claimant: BC; Claimant: BD; Defendant: The Home Office
Jurisdiction
England and Wales
Judgment Date
08 June 2011
Procedural Posture
Appeal / Appeal Against Order Striking Out Claim as Abuse of Process
Outcome
Appeal allowed; order striking out claims set aside
Legal Topics
False Imprisonment, Unlawful Detention, Abuse of Process, Judicial Review, Damages, Article 5 ECHR, Article 8 ECHR, Procedural Law
Tort Law Public Law Human Rights Law Immigration Law False Imprisonment Unlawful Detention Abuse of Process Judicial Review +4 more

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Parties

BA

Claimant

BB

Claimant

BC

Claimant

BD

Claimant

The Home Office

Defendant

Procedural Posture

Appeal / Appeal Against Order Striking Out Claim as Abuse of Process

Legal Issues

  1. 1 Whether the claim for damages for unlawful detention must be brought by judicial review or may be brought as a private law claim in the Queen's Bench Division
  2. 2 Whether the claimants' private law claims for damages constitute an abuse of process given prior judicial review proceedings
  3. 3 Whether the issues raised in the private law claim are res judicata or otherwise precluded by earlier judicial review findings

Ratio Decidendi

The claim for damages for unlawful detention and inadequate medical treatment is not precluded by the prior judicial review proceedings, as those proceedings did not include or determine such claims, and the claimants are entitled to pursue private law remedies in the Queen's Bench Division. There is no principle requiring such claims to be brought only by judicial review, and the present claims do not amount to an abuse of process. The Deputy Master's order striking out the claims is set aside.

Court Disposition

Appeal allowed; order striking out claims set aside

Orders

  • Deputy Master's order striking out the claimants' claims as an abuse of process is set aside
  • The claimants' claims for damages for unlawful detention and inadequate medical treatment may proceed in the Queen's Bench Division