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United Kingdom article 8assumption of responsibilitydamages

Husson v Secretary of State for the Home Department

R (Husson) v Secretary of State for the Home Department [2020] EWCA Civ 329
JurisdictionUnited Kingdom
CourtCourt of Appeal (Civil Division) (England and Wales)
Year2020
StatusBinding authority

Key Principle

Where the Home Office delays issuing a biometric residence permit confirming a migrant's right to work, it is at least arguable that the migrant may have a claim for damages under section 8 of the Human Rights Act 1998 for breach of Article 8 ECHR and/or in the tort of negligence on the basis of an assumption of responsibility, such that the claims should not be struck out at the arguability stage.

Area of Law

General

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