R (otao BA) v SSHD [2011] EWHC 2748 (Admin)

R (otao BA) v SSHD [2011] EWHC 2748 (Admin) (26 October 2011) (Laing QC)(§239) :

My conclusions are:

a. Despite the various breaches of the Secretary of State’s policy which I have described, the statutory warrant for BA’s detention was not undermined until 21 June 2011, at which point the further detention of BA breached the Hardial Singh principles.

b. He is entitled to damages for false imprisonment, to be assessed, from that date until the date when the Secretary of State released him pursuant to the interim order I made on 7 October 2011.

c. BA’s article 3, alternatively, article 8, rights were breached by his detention between 4 July and 6 August 2011.

Full text of judgement is available here.