Practice and Procedure

ABDELRAZAG ELOSTA (Claimant) v COMMISSIONER OF POLICE OF THE METROPOLIS (Defendant) & (1) LAW SOCIETY (2) SECRETARY OF STATE FOR THE HOME DEPARTMENT (Interveners) (2013)

PUBLISHED November 6, 2013
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[2013] EWHC 3397 (Admin)

A detainee under the Terrorism Act 2000 Sch.7 had the right to consult a solicitor before being interviewed, so his questioning after his request for a solicitor and prior to the solicitor's arrival was unlawful. However, his detention was not unlawful, as he was lawfully detained to secure the fulfilment of his obligation to answer questions put to him pursuant to the 2000 Act and he was entitled to nominal damages only as there was no evidence that he had suffered any loss or adverse consequences.

QBD (Admin) (Bean J)

06/11/2013

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