Court of Appeal confirms deprivation of ability to work may ground damages claims under the Human Rights Act. It also finds it arguable that the Secretary of State for the Home Department may be subject to a duty of care to issue a Biometric Residence Permit within a given time frame where she has assumed the responsibility of doing so.
In this case the Court of Appeal was tasked with deciding two questions of some significance. The first of those questions related to whether or not it was arguable, on the facts of the case before the Court, that the appellant, Mr Husson, was entitled to damages under Section 8 of the Human Rights Act 1998 with reference to Article 8 of the European Convention of Human Rights on the basis of violation of his family and private life. The second question, the more finely balanced one, was whether those same facts gave rise to a claim against the Secretary of State in the tort of negligence on the basis of a claimed underlying assumption of responsibility.
Articles About The Case
Report by Russell Wilcox 1 Chancery Lane Chambers