AXD v The Home Office (No 2)

AXD v The Home Office (No 2)

The claimant was entitled to basic and aggravated damages for unlawful detention due to unacceptable drift, sub-optimal treatment, improper release planning, and lack of candour, but the defendant's conduct did not reach the threshold for exemplary damages.

Parties
Claimant: AXD; Defendant: THE HOME OFFICE
Jurisdiction
England and Wales
Judgment Date
05 July 2016
Procedural Posture
Civil / Quantum of Damages After Liability Judgment
Outcome
Judgment for the claimant
Legal Topics
False Imprisonment, Damages Assessment, Aggravated Damages, Exemplary Damages, Mental Health in Detention, Release Planning
Tort Immigration Human Rights False Imprisonment Damages Assessment Aggravated Damages Exemplary Damages Mental Health in Detention +1 more

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Parties

AXD

Claimant

THE HOME OFFICE

Defendant

Procedural Posture

Civil / Quantum of Damages After Liability Judgment

Legal Issues

  1. 1 Assessment of damages for false imprisonment
  2. 2 Aggravating factors in unlawful detention
  3. 3 Entitlement to exemplary damages

Ratio Decidendi

The claimant was entitled to basic and aggravated damages for unlawful detention due to unacceptable drift, sub-optimal treatment, improper release planning, and lack of candour, but the defendant's conduct did not reach the threshold for exemplary damages.

Court Disposition

Judgment for the claimant

Orders

  • Claimant awarded £105,000 in damages (basic and aggravated)
  • Interest of £3,528 at 2% per annum from 20 November 2014 to 5 July 2016