BB & Ors v The Home Office

BB & Ors v The Home Office

The claimants' action for damages for unlawful detention is not an abuse of process. The claims are properly brought as a private law action in the Queen's Bench Division, are not barred by previous judicial review proceedings, and are not attempts to relitigate issues already determined. The Deputy Master's order...

Source-derived case information.

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 (queen's Bench Division, High Court) / Appeal Against Order Striking Out Claim as Abuse of Process
Outcome
Appeal allowed; order striking out claims set aside; claims to proceed
Legal Topics
Unlawful Detention, False Imprisonment, Abuse of Process, Judicial Review, Damages, Article 5 ECHR, Article 8 ECHR, Procedural Exclusivity
Tort Law Immigration Law Human Rights Law Civil Procedure Unlawful Detention False Imprisonment Abuse of Process Judicial Review +4 more

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Summary, issues, holding and outcome

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Parties

BA

Claimant

BB

Claimant

BC

Claimant

BD

Claimant

The Home Office

Defendant

Procedural Posture

Appeal (queen's Bench Division, High Court) / 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 action
  2. 2 Whether the claimants' private law action is an abuse of process due to previous judicial review proceedings
  3. 3 Whether the claims relitigate issues already determined or are otherwise procedurally barred

Ratio Decidendi

The claimants' action for damages for unlawful detention is not an abuse of process. The claims are properly brought as a private law action in the Queen's Bench Division, are not barred by previous judicial review proceedings, and are not attempts to relitigate issues already determined. The Deputy Master's order striking out the claims is set aside.

Court Disposition

Appeal allowed; order striking out claims set aside; claims to proceed

Orders

  • Deputy Master's order set aside
  • Claimants and defendant to serve lists of documents within 28 days