ALI, APPEAL BY SHAKAR OMAR ALI AGAINST (1) SERCO LTD, (2) COMPASS SNI LTD AND (3) THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2019] ScotCS CSIH_54 (13 November 2019)

ALI, APPEAL BY SHAKAR OMAR ALI AGAINST (1) SERCO LTD, (2) COMPASS SNI LTD AND (3) THE SECRETARY OF STATE FOR THE HOME DEPARTMENT [2019] ScotCS CSIH_54 (13 November 2019)

The appellant had no lease or statutory right to remain, and her occupancy was precarious and terminable by notice; common law does not require a court order for eviction in such circumstances. Serco is not a public authority under the Human Rights Act 1998. There was no breach of Articles 3 or 8 ECHR as sufficient procedural safeguards exist via judicial review or statutory appeal. The reclaiming motion fails and the cross-appeal succeeds.

Citation
[2019] ScotCS CSIH_54
Parties
Pursuer and Reclaimer: Shakar Omar Ali; First Defender and Respondent: Serco Limited; Second Defender and Respondent: Compass SNI Limited; Third Defender and Respondent: Secretary of State for the Home Department; Intervener: Scottish Commission for Human Rights
Jurisdiction
Scotland
Judgment Date
13 November 2019
Procedural Posture
Civil Appeal / Appeal From Lord Ordinary's Decision, Inner House, Court of Session
Outcome
Reclaiming motion refused; cross-appeal allowed.
Legal Topics
Eviction of Failed Asylum Seekers, Requirement of Court Order for Eviction, Common Law Rights of Occupiers, Public Authority Status Under Human Rights Act, Article 3 and 8 ECHR Protections, Temporary Accommodation Agreements
Public Law Human Rights Law Housing Law Eviction of Failed Asylum Seekers Requirement of Court Order for Eviction Common Law Rights of Occupiers Public Authority Status Under Human Rights Act Article 3 and 8 ECHR Protections +1 more

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Parties

Shakar Omar Ali

Pursuer and Reclaimer

Serco Limited

First Defender and Respondent

Compass SNI Limited

Second Defender and Respondent

Secretary of State for the Home Department

Third Defender and Respondent

Scottish Commission for Human Rights

Intervener

Procedural Posture

Civil Appeal / Appeal From Lord Ordinary's Decision, Inner House, Court of Session

Legal Issues

  1. 1 Whether Serco can lawfully evict the appellant without a court order
  2. 2 Whether the appellant had a lease or common law right to remain
  3. 3 Whether Serco is a public authority under the Human Rights Act 1998

Ratio Decidendi

The appellant had no lease or statutory right to remain, and her occupancy was precarious and terminable by notice; common law does not require a court order for eviction in such circumstances. Serco is not a public authority under the Human Rights Act 1998. There was no breach of Articles 3 or 8 ECHR as sufficient procedural safeguards exist via judicial review or statutory appeal. The reclaiming motion fails and the cross-appeal succeeds.

Court Disposition

Reclaiming motion refused; cross-appeal allowed.

Orders

  • The reclaiming motion at the instance of the reclaimer is refused.
  • The cross-appeal at the instance of the third defender and respondent is allowed.