The WLR Daily case summaries
[2022] WLR(D) 265
Queen’s Bench Division
FXJ v Secretary of State for the Home Department and another
[2022] EWHC 1531 (QB)
2022 March; June 20
Choudhury J
Negligence— Duty of care— Public authority— Claimant refugee with serious mental illness successfully appealing deportation order— Secretary of State lodging late appeal and seeking extension of time but ultimately withdrawing appeal— Claimant seeking damages for deterioration in mental health caused by delay— Whether Secretary of State owing duty of care to claimant— Whether parties to be treated for that purpose as opponents in litigation— Whether duty of care in tort owed in exercise of Secretary of State’s statutory responsibility for immigration— Whether claimant’s Convention rights breached—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8