Ndiki Mutua and Others v The Foreign and Commonwealth Office

JurisdictionEngland & Wales
JudgeThe Honourable Mr Justice McCombe
Judgment Date05 October 2012
Neutral Citation[2012] EWHC 2678 (QB)
CourtQueen's Bench Division
Date05 October 2012
Docket NumberCase No: HQ09X02666

[2012] EWHC 2678 (QB)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

Royal Courts of Justice Strand,

London. WC2A 2T

Before:

The Hon. Mr. Justice McCombe

Case No: HQ09X02666

Between:
(1) Ndiki Mutua
(2) Paulo Nzili
(3) Wambugu Wa Nyingi
(4) Jane Muthoni Mara
(5) Susan Ngondi
Claimants
and
The Foreign and Commonwealth Office
Defendant

Richard Hermer QC, Phillippa KaufmannQC, Alex Gask and Henry Witcomb (instructed by Leigh Day & Co) for the Claimants

Guy Mansfield QC, Alex Ruck Keene and Jack Holborn (instructed by the Treasury Solicitor) for the Defendant

Elizabeth-Ann Gumbel QC (instructed by Redress as the Intervener)

1

Hearing dates: 16th–20th and 23rd–25th My 2012

The Honourable Mr Justice McCombe

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9 cases
  • Kimathi and Others v Foreign and Commonwealth Office
    • United Kingdom
    • Queen's Bench Division
    • 24 Mayo 2018
    ...the proceedings was not in any way a contravention of any requirement of the court rules or in breach of any order of the court.” 142 [2012] EWHC 2678 (QB); an application for discretion to be exercised in favour of the Claimants under s33 Limitation Act 1980.S32 was not put in issue by the......
  • Mutua v Foreign and Commonwealth Office [England, High Court, Queen's Bench Division]
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 5 Octubre 2012
    ...EWHC 1913 (QB) and [2012] EWHC 2678 (QB))England, High Court, Queen's Bench Division(McCombe Mutua and Others and Foreign and Commonwealth Office1 State succession Colonies Independence Kenya Kenya becoming independent in December 1963 Creation of new independent State Responsibility of Uni......
  • Kimathi and Others v The Foreign and Commonwealth Office
    • United Kingdom
    • Queen's Bench Division
    • 2 Agosto 2018
    ...intelligence angle e.g. who was in what gangs and where were these gangs and what were their intentions”. 3 [2011] EWHC 1913 (QB). 4 [2012] EWHC 2678 (QB). 5 Mrs Ngondi, in respect of whom there were special circumstances irrelevant to the TCs in the present case. See Mutua 2 nd paragraphs ......
  • Mr Dancan Murithi v AVH Legal LLP (t/a Tandem Law)
    • United Kingdom
    • King's Bench Division
    • 26 Mayo 2023
    ...of whom no admissions had been made. The fifth claimant discontinued his claim. (See Mutua v The Foreign and Commonwealth Office [2012] EWHC 2678 (QB) at 9 The FCO thereafter entered into settlement agreements with those three claimants, and a number of other individuals who had not been c......
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3 books & journal articles
  • LIABILITY FOR ASSISTING TORTS.
    • Australia
    • Melbourne University Law Review Vol. 41 No. 2, December 2017
    • 1 Diciembre 2017
    ...Courtn 5) 1239 [20], quoting Tony Weir, Economic Torts (Clarendon Press, 1997) 32 n 31. (106) Mutua v Foreign and Commonwealth Office [2012] EWHC 2678 (QB), (107) Collins v Northern Territory (2007) 161 FCR 549, 561 [28] (French J), cited in Australian Mud Co Pty Ltd v Coretell Pty Ltd [No ......
  • A TIME FOR JUST RECKONING? TEMPORALITY, LAW, AND TRANSITIONAL JUSTICE IN CHANGING SOCIETIES.
    • United States
    • Loyola Journal of Public Interest Law Vol. 23 No. 1, September 2021
    • 22 Septiembre 2021
    ...justice have been coming up in Court cases lately in England and Germany. See Ndiki Mutua & 4 Others v. The Commonwealth Office (2012) EWHC 2678 (QB) (the Royal Court of Justice was asked to adjudicate on issues of violence meted out by the British Colonial Office to the indigenous comm......
  • Reparations for the transatlantic slave trade and historical enslavement: Linking past atrocities with contemporary victim populations
    • United Kingdom
    • Sage Netherlands Quarterly of Human Rights No. 36-4, December 2018
    • 1 Diciembre 2018
    ...edn, Sweet and Maxwell 2015).58. In the UK under the Limitation Act 1980 (UK).59. Mutua & Ors v The Foreign And Commonwealth Office [2012] EWHC 2678 (QB) [158]; Limitations Act 1980 (UK), s33.60. For example JP Morgan Chase in 2005 apologised for its historical involvement in slavery, and a......

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