Media By: Euan Lynch


Serco’s Evictions of Asylum Seekers in the Scottish Courts: A Question of Public Authorities in the Human Rights Act 1998

26 November 2019 by

Ali (Iraq) v Serco Ltd [2019] CSIH 54 
 

The Inner House of the Court of Session has ruled that Serco Limited acted lawfully when evicting a failed asylum seeker from temporary accommodation in Glasgow without first obtaining a court order. This is the same conclusion that was drawn by the Outer House of the Court of Session in April.  Daniel McKaveney has posted on the main points in this judgement here.

Whilst each judgment reached the same end result, one striking difference between the two is the reasoning that the Lord Ordinary and the Lord Justice Clerk deployed to answer the question of whether Serco should be classified as a “public authority” under section 6 of the Human Rights Act 1998 (“the HRA 1998”).  

The persuasiveness and significance of each courts’ reasoning will be considered below.  


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