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Robert Cohen appeared for the Home Office in FXJ v Home Office [2022] EWHC 1531 (QB), in which judgment was handed down today. The case confirms that despite more general developments in the law of negligence, one litigant does not owe a duty of care to another and the Home Office does not owe a duty of care in exercising its responsibility for immigration.
FXJ suffers from serious mental illness. A decision was made to deport him to Somalia at the conclusion of a custodial sentence for robbery. He appealed to the First Tier Tribunal unsuccessfully but then appealed to the Upper Tribunal who allowed his appeal. The Home Office delayed in granting FXJ status after the judgment of the Upper Tribunal. Eventually, the Home Office made a late application for permission to appeal to the Court of Appeal. That application was then withdrawn and the Appellant was provided with leave to remain. FXJ alleged that his mental health had declined as a result of the delay. He brought a claim in negligence, for misfeasance and for breach of Article 8 ECHR.
At first instance (where Robert also appeared) HHJ Baucher dismissed each element of the claim. FXJ then obtained permission to appeal.
In an important judgment, Mr Justice Choudhury dismissed FXJ’s appeal. He held:
There are several reasons why this decision is important to public authorities:
Robert Cohen has extensive experience in defending public bodies against claims in tort. He is on the Attorney General’s ‘B’ Panel of Counsel and is ranked in Chambers and Partners and The Legal 500.
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