APPEAL BY THE ADVOCATE GENERAL FOR SCOTLAND AGAINST MICHELLE ADEWEMIMO ADIUKWU [2020] ScotCS CSIH_47 (14 August 2020)

APPEAL BY THE ADVOCATE GENERAL FOR SCOTLAND AGAINST MICHELLE ADEWEMIMO ADIUKWU [2020] ScotCS CSIH_47 (14 August 2020)

The Home Secretary did not owe a common law duty of care to the applicant to issue a status letter within a reasonable time following tribunal decisions. The case is one of failing to confer a benefit, not causing harm, and does not fall within the exceptions for creation of danger or assumption of responsibility. The statutory relationship and policy do not generate an assumption of responsibility. Previous authorities and clarified principles confirm no duty of care in these circumstances.

Citation
[2020] ScotCS CSIH_47
Parties
Defender and Appellant: The Right Honourable Lord Keen of Elie, Her Majesty's Advocate General for Scotland, as representing the Secretary of State for the Home Department; Pursuer and Respondent: Michelle Adewemimo Adiukwu
Jurisdiction
Scotland
Judgment Date
14 August 2020
Procedural Posture
Appeal / Appeal From Interlocutor Repelling Plea to Relevancy and Allowing Proof of Averments
Outcome
appeal allowed, action dismissed
Legal Topics
Duty of Care, Negligence, Assumption of Responsibility, Maladministration, Statutory Powers and Duties, Discretionary Leave to Remain, Article 8 ECHR
Public Law Tort Law Immigration Law Duty of Care Negligence Assumption of Responsibility Maladministration Statutory Powers and Duties +2 more

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Parties

The Right Honourable Lord Keen of Elie, Her Majesty's Advocate General for Scotland, as representing the Secretary of State for the Home Department

Defender and Appellant

Michelle Adewemimo Adiukwu

Pursuer and Respondent

Procedural Posture

Appeal / Appeal From Interlocutor Repelling Plea to Relevancy and Allowing Proof of Averments

Legal Issues

  1. 1 Whether the Home Secretary owed a duty of care to issue a status letter within a reasonable time after tribunal decisions
  2. 2 Whether maladministration or assumption of responsibility by the Home Secretary creates liability in negligence
  3. 3 Whether a public law duty translates into a common law duty of care

Ratio Decidendi

The Home Secretary did not owe a common law duty of care to the applicant to issue a status letter within a reasonable time following tribunal decisions. The case is one of failing to confer a benefit, not causing harm, and does not fall within the exceptions for creation of danger or assumption of responsibility. The statutory relationship and policy do not generate an assumption of responsibility. Previous authorities and clarified principles confirm no duty of care in these circumstances.

Court Disposition

appeal allowed, action dismissed

Orders

  • First plea in law for the defender sustained
  • Action dismissed