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
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
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Bailii
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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
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.
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Metro Newspaper - Rough sleeper unlawfully held for over a month in detention centre awarded £15,000
Summary
In this case it was held on appeal that the council were not liable to pay damages as a result of the way in which they discharged public law functions
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Bailii
Articles About The Case