The Law Reports (Appeal Cases)
[2012] 1 AC 245
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
Damages— Measure of damages— False imprisonment— Public law error and abuse of power in detention of claimants prior to deportation— Inevitable that claimants would have been detained even if detention powers had been lawfully exercised— Claimants suffering no damage as result of unlawful detention— Whether exemplary or vindicatory damages justified— Whether claimants entitled to more than nominal damages for false imprisonment
Immigration— Deportation order— Detention pending deportation— Claimant foreign nationals sentenced to imprisonment— Claimants detained under Home Secretary’s directions pending deportation— Home Secretary’s published policy to detain convicted foreign nationals only when justified— Claimants’ claim of unlawful detention on grounds Home Secretary operating unpublished blanket policy of detention of all convicted foreign nationals— Whether policy containing presumption in favour of detention unlawful— Whether operation of unpublished policy unlawful— Whether claimants’ detention unlawful— Circumstances in which power to detain foreign national prisoners pending deportation exercisable—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))
Tort— Cause of action— False imprisonment— Unlawful exercise of Home Secretary’s statutory power to detain foreign national prisoners— Inevitable that prisoners could and would have been detained lawfully— Whether unlawful detention giving rise to cause of action for false imprisonment absent harm