Private law claims in immigration detention cases

Private law claims in immigration detention cases

This paper covers some of the key issues that arise in private law immigration detention claims, as opposed to public law claims. It is not exhaustive but aims to provide an overview of the points that lawyers bringing civil claims need to be aware of. The session is intended to be discursive and we are happy to deal with any questions or conundrums as we go along, either arising out of the areas covered below, or relating to other issues that come up in immigration detention civil claims.

The areas covered in this paper are:

i) Key issues of practice and procedure

• Funding and costs
• Stages of a claim
• Multiple defendants and costs
• Mediation and settlement
• Transferring JR proceedings
• What to do with the client’s damages

ii) Vicarious liability
iii) Non-delegable duties of care
iv) Public law errors and private law damages
v) Damages claims and abuse of process
vi) Quantum of damages in immigration detention cases
vii) Table of reported cases and damages awards.

Author: Alison Pickup, Martha Spurrier & Harriet Wistrich

Publication date: July 1 2015