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(Transcript of the Handed Down Judgment of Smith Bernal Wordwave Limited, 190 Fleet Street London EC4A 2AG Tel No: 020 7421 4040, Fax No: 020 7831 8838 Official Shorthand Writers to the Court)
Ms. Stephanie Harrison (instructed by Tyndallwoods of Birmingham) for the Claimant Mr. Sean Wilken and Ms. Susan Chan (instructed by The Treasury Solicitor) for the Defendant ____________________
HTML VERSION OF JUDGMENT AS APPROVED BY THE COURT CROWN COPYRIGHT � ____________________
(i) whether the subject matter of the claim falls within Articles 3 and 8 of the Convention ("the Articles 3 and 8 issue") (See paragraphs 80 to 125 below)
(ii) if the subject matter of the complaint falls within Articles 3 or 8 of the Convention, whether a claim can be brought against the Secretary of State in respect of either claim and in particular, whether a breach of a positive duty owed by the Secretary of State to the claimant can be established ("the Secretary of State's positive duty issue") (see paragraphs 126 to 173 below) and
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Common Room
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