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Public Law Solicitors
Unlawful Detention – Duncan Lewis secures damages from SSHD for a Somali national. By Seher Toguz (4 July 2012)
Date: 04/07/2012
A Somali national who had been detained by the Secretary of State for the Home Department (SSHD) for 14 months under Immigration Act 1971 powers has secured damages for his unlawful detention.
The SSHD offered the claimant £30,000 in damages in respect of his 14 months unlawful detention.
The claimant was detained despite the European Court of Human Rights (ECHR) granting his Rule 39 application which prevented the UK Government from removing him to Somalia. His Rule 39 application was granted by the ECHR on 16th March 2009 but his detention continued until 7th November 2009 when the claimant was finally released on temporary admission.
Following his release, the claimant instructed Seher Toguz of Duncan Lewis Solicitors to pursue his claim for damages against the SSHD for his unlawful detention. A claim was issued at West London County Court. SSHD finally agreed to settle the claim in May 2012 by offering the claimant £30,000 in damages and agreed to pay the claimant’s legal costs.
If you would like advice on unlawful detention or believe that you may have been detained unlawfully by the SSHD, please get in contact with Ms Seher Toguz or a member of the Public Law team by calling 020 7923 8549 or 020 7923 4020.