Originally posted on Parents Rights Blog:
See on Scoop.it – Public Law Children Act Cases In October, the European Court of Human Rights in Strasbourg issued two rulings bolstering the rights of persons with psycho-social disabilities. Both cases were brought…
Absolute Immunity Absolute immunity is a form of legal immunity in contrast to qualified immunity. While qualified immunity, by its very nature, carries with it a set of conditions that must be fulfilled in order for the immunity to attach, an absolute … Continue reading
IN THE NORTHAMPTON HIGH COURT 85/87 Lady’s Lane, Northampton, Northamptonshire, NN1 3HQ THE PARTIES 1. CLAIMANT (a) MS NGOZI GODWELL 2. DEFENDANTS (a) NORTHAMPTONSHIRE LOCAL AUTHORITY (b) NORTHAMPTONSHIRE POLICE FORCE, POLICE (c) NORTHAMPTONSHIRE COUNTY COUNCIL (d) NORTHAMPTON BOROUGH COUNCIL Civil, … Continue reading
The remedy sought is not confined to ordinary compensation, but extends to damages for breach of the Convention and to declaratory relief, which in the context of this case, and if the Claimant succeeded, would represent an important marking of unlawful behaviour: a matter in which there is a legitimate public interest.
CF v The Ministry of Defence and others  EWHC 3171 (QB) – read judgment
Angus McCullough QC of 1 Crown Office Row acted as Special Advocate in this case. He has nothing to do with the writing of this post.
The High Court has ruled that in a case against the state which did not directly affect the liberty of the subject, there was no irreducible minimum of disclosure of the state’s case which the court would require. The consequences of such disclosure for national security prevailed.
Factual and legal background
The claimant, Mohammed Ahmed Mohamed, had made a number of claims against various government departments, alleging complicity in unlawful and arbitrary detention and inhuman and degrading treatment and torture on the part of British authorities in Somaliland. He also sought damages for trespass, breach of the Human Rights Act 1998, and misfeasance in public office. As Irwin J said,
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