Supreme Court
Regina (Lumba) v Secretary of State for the Home Department (JUSTICE and another intervening)
Same v Same (No 2) (Same intervening)
Regina (Mighty) v Same (Same intervening)
[2011] UKSC 12
[On appeal from Regina (WL (Congo)) v Secretary of State for the Home Department]
2010 Nov 15, 16, 17, 18; 2011 March 23
Lord Phillips of Worth Matravers PSC, Lord Hope of Craighead DPSC, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Collins of Mapesbury, Lord Kerr of Tonaghmore, Lord Dyson JJSC
DamagesMeasure of damagesFalse imprisonmentPublic law error and abuse of power in detention of claimants prior to deportationInevitable that claimants would have been detained even if detention powers had been lawfully exercisedClaimants suffering no damage as result of unlawful detentionWhether exemplary or vindicatory damages justifiedWhether claimants entitled to more than nominal damages for false imprisonment
ImmigrationDeportation orderDetention pending deportationClaimant foreign nationals sentenced to imprisonmentClaimants detained under Home Secretary’s directions pending deportationHome Secretary’s published policy to detain convicted foreign nationals only when justifiedClaimants’ claim of unlawful detention on grounds Home Secretary operating unpublished blanket policy of detention of all convicted foreign nationalsWhether policy containing presumption in favour of detention unlawfulWhether operation of unpublished policy unlawfulWhether claimants’ detention unlawfulCircumstances in which power to detain foreign national prisoners pending deportation exercisable Immigration Act 1971 (c 77), Sch 3, para 2 (as amended by Criminal Justice Act 1982 (c 48), s 64, Sch 10, para 1, Immigration and Asylum Act 1999 (c 33), s 54(1)(2)(3), Nationality, Immigration and Asylum Act 2002 (c 41), s 114(3), Sch 7, para 7 and Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c 19), s 34(1)(2))
TortCause of actionFalse imprisonmentUnlawful exercise of Home Secretary’s statutory power to detain foreign national prisonersInevitable that prisoners could and would have been detained lawfullyWhether unlawful detention giving rise to cause of action for false imprisonment absent harm

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