Wednesday 4 October 2023
By Appellants Notice filed and sealed 11 July 2022, the Claimant (FXJ) appeals Choudhury J’s order dated 20 June 2022, sitting in the QBD (now KBD), dismissing FXJ’s appeal from the order of HHJ Baucher dated 24 June 2021 and making a consequential costs order.
HHJ Baucher dismissed FXJ’s claim for damages in negligence, for misfeasance in public office and under s3 of the Human Rights Act 1988.
The principal issue is whether the Respondents (the First Defendant is Secretary of State for the Home Department, the Second Defendant the Home Office) owe a duty of care in tort to FXJ in circumstances where a delay before withdrawing an appeal (in this Court in 2016) against a decision as to immigration status had exacerbated FXJ’s mental health condition thereby leading to his hospitalisation.
HHJ Baucher and Choudhury J concluded no duty was owed.