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Reported Case

Alemi, R (on the Application of) v Secretary of State for the Home Department [2014] EWHC 3858 (Admin) (20 November 2014)

Date: 20/11/2014
Duncan Lewis, Reported Case Solicitors, Alemi, R (on the Application of) v Secretary of State for the Home Department [2014] EWHC 3858 (Admin)

In the High Court of Justice- Queen’s Bench Division- Administrative Court

In these proceedings the Claimant alleges that he was unlawfully detained between 1 March 2013 and 16 August 2013. I received documentary evidence and heard oral argument in relation to that issue on 5 November 2014.

The pleadings also disclose a second potential issue for determination by the court namely whether or not it would be lawful for the Defendant to remove the Claimant from the United Kingdom to Belgium. I did not consider that issue on 5 November; at the handing down of this judgment I will make such further directions as may be necessary if that issue remains a live one.

In this judgment the word Defendant is used to mean the party sued and all persons making decisions on her behalf.

Mr Justice Wyn Williams held that;

“In the result I conclude that the Claimant was unlawfully detained from midnight 23 May 2013 until his transfer to the psychiatric unit on 16 August 2013.

Given the time constraints in producing this judgment I do not offer any view upon whether, assuming my conclusions expressed above are wrong, the Claimant was unlawfully detained for a shorter period.

At the commencement of the hearing before me I made it clear that I would adjudicate upon the issue of liability alone. I make it clear that nothing in this judgment precludes the Defendant from seeking to argue that the Claimant is entitled to nominal as opposed to substantial damages. All issues relating to damages will be considered, as appropriate, after a trial in the Queen's Bench Division.”

 

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