A and Kanidagli, Regina (on the Application Of) v Secretary of State for Home Department: Admn 6 Jul 2004

The claimants, having been granted leave to remain in the UK, sought damages saying that maladministration by the defendant had led to serious delays in their receiving statutory welfare benefits.
Held: It was fair, just and reasonable that an administrative error of this kind, involving no judgement but simple administration and with a predictable financial effect for which there was no other remedy, should be regarded as arising out of a sufficiently proximate relationship to found a claim for damages.

Judges:

Keith J

Citations:

[2004] EWHC 1585 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedHome Office v Mohammed and Others CA 29-Mar-2011
The claimants sought damages saying that after a decision had been made that they should receive indefinite leave to remain in 2001 (latest), the leave was not issued until 2007 (earliest) thus causing them severe losses. The defendant now appealed . .
Lists of cited by and citing cases may be incomplete.

Administrative, Torts – Other, Negligence

Updated: 11 June 2022; Ref: scu.198637