The Court was asked whether the Home Office can be liable for the loss caused to immigrants as a result of an immigration liaison officer negligently and wrongly advising an airline that the immigrants did not have the required documentation to obtain access to this country, if, as a result of this the airline did not fly the immigrants to this country.
It is not appropriate to strike out a claim in an area of developing jurisprudence, since, in such areas, decisions as to novel points of law should be based on actual findings of fact
Judges:
Lord Woolf MR
Citations:
Times 26-Jan-2000, [1999] EWCA Civ 3052
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Barrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
Cited by:
Cited – CXZ v ZXC QBD 26-Jun-2020
Malicious Prosecution needs court involvement
W had made false allegations against her husband of child sex abuse to police. He sued in malicious prosecution. She applied to strike out, and he replied saying that as a developing area of law a strike out was inappropriate.
Held: The claim . .
Lists of cited by and citing cases may be incomplete.
Negligence, Immigration, Litigation Practice
Updated: 07 December 2022; Ref: scu.465063