R (on the application of Hemmati and others) v Secretary of State for the Home Department; R (on the application of SS) v Secretary of State for the Home Department

Immigration – Detention. Neither the Hardial Singh principles nor the Secretary of State's published policy in Ch 55 of the Enforcement Instructions and Guidance satisfied the requirements of arts 28 and 2(n) of Regulation (EU) 604/2013 in relation to the claimants' immigration detention. The Court of Appeal, Civil Division, further held that the 'sufficiently serious breach' test set out in Factortame did not govern whether damages were payable in relation to the detention of each of the claimants and damages were payable under domestic law for the common law cause of action for false imprisonment.

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