R (Adegun) v SSHD [2019] EWHC 22 (Admin)

Damages for unlawful immigration detention "There are two bases of challenge to Mr Adegun's detention which, in broad outline, are as follows. ... There is first an issue, which I shall call the "rule 34 issue", as to whether Mr Adegun declined a medical examination pursuant to rule 34 of the Detention Centre Rules when he was taken into detention. ... The second issue I shall call the "paragraph 55.10 issue". It arises because there is evidence, not disputed by the Secretary of State, that Mr Adegun was suffering from a mental health condition which was not recognised by the Home Office until some time after his admission into detention and was not treated with medication until 19 January 2016. ... I therefore propose to award nominal damages in respect of the early period of Mr Adegun's detention and substantial damages in respect of 40 days' detention."

CASES DATABASE

Full judgment: BAILII

Subject(s):

  • Repatriation cases🔍

Date: 10/1/19

Court: High Court🔍

Judge(s):

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Published: 12 Jan 2019, 10:58:23 PM