R (WL (Congo)) v Secretary of State for the Home Department

Subject Matter

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

[2011] UKSC 12; [2012] 1 AC 245; [2011] 2 WLR 671; [2011] 4 All ER 1; [2011] WLR (D) 100; Case details, SC(E)

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foreign nationals only when justified — Claimants' claim of unlawful detention on grounds Home Secretary operating unpublished blanket policy of detention of all convicted foreign nationals — Whether policy containing presumption in favour of detention unlawful — Whether operation of unpublished policy unlawful — Whether claimants' detention unlawful — Circumstances in which power to detain foreign national prisoners pending deportation exercisable —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, Sch 3, para 2 (as amended by Criminal Justice Act 1982, s 64, Sch 10, para 1, Immigration and Asylum Act 1999, s 54(1)(2)(3), Nationality, Immigration and Asylum Act 2002, s 114(3), Sch 7, para 7 and Asylum and Immigration (Treatment of Claimants, etc) Act 2004, s 34(1)(2))

[2010] EWCA Civ 111; [2010] 1 WLR 2168; [2010] 4 All ER 489; [2010] UKHRR 366, CA

[2011] UKSC 12; [2012] 1 AC 245; [2011] 2 WLR 671; [2011] 4 All ER 1; [2011] WLR (D) 100; Case details, SC(E)

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

[2011] UKSC 12; [2012] 1 AC 245; [2011] 2 WLR 671; [2011] 4 All ER 1; [2011] WLR (D) 100; Case details, SC(E)

Appellate History