27th Apr 2010


When considering a claim for damages by a Somalian with a Dutch passport, unlawfully detained pending consideration of deportation by the secretary of state, the judge had erred in making a finding of misfeasance in public office as he had failed to expressly find that the officials acting on behalf of the secretary of state were recklessly indifferent to the legality of their actions. However, he was right to award exemplary damages.

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Tom Poole KC

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