Tag Archives: Damages

Anufrijeva v Southwark London Borough Council [2004] QB 1124,

Summary

The Court of Appeal considered that, whilst article 8 is capable of imposing a positive obligation to provide support, it was hard to conceive of a situation where article 8 required a person to be provided with welfare support where his predicament was not sufficient to engage article 3 (inhuman or degrading treatment). The Court of Appeal did, however, consider that if a child’s welfare was at stake, article 8 may require the provision of welfare support to allow the family life to continue.

Law Reports

Bailii

Articles About The Case

Swarb.co.uk - Summary 

MIV & Ors,R (on the application of) v LB of Newham [2018] EWHC 3298 (Admin) (30 November 2018)

Summary

This case concerned a claim for damages for the delay on the part of a council in providing a family with suitable temporary accommodation. The Judge dismissed the damages claim. The family had been provided with suitable accommodation following the issue of proceedings

Law Reports

Bailii

Articles About The Case

Damages and Article 8 - By Emma Godfrey (Counsel for the Defendant) Field Court Chambers

Capsticks - Housing case law - December 2018 update

Public Law Today - Damages and Article 8 

 

Majewski, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 473 (Admin) (01 March 2019)

Summary

A rough sleeper who had been unlawfully detained by the Home Office was awarded standard damages for unlawful detention. The judge declined to award exemplary damages because maintaining a detention policy which was later found to be unlawful did not amount to "outrageous conduct" by the Home Secretary of the kind which would give rise to exemplary damages.

Law Reports

Bailii

Articles About The Case

Metro Newspaper - Rough sleeper unlawfully held for over a month in detention centre awarded £15,000