In the present context, the damages are an award to compensate for the loss or diminution of a right to control formerly private information and for the distress that the [claimants] could justifiably have felt because their private information had been exploited, and are assessed by reference to that loss." The only significant modification required is the substitution of "disclosed" for "exploited". There is no suggestion of exploitation by the Home Office of confidential and private information on the facts of these cases. 19 I also accept the observation of Lady Justice Arden that damages are to be assessed under English domestic law and not the approach adopted by the Strasbourg court. 20 When assessing the damages to be awarded to each claimant I have taken into account their loss of control over their private and confidential information. I do not intend to repeat the fact that I have done so in any individual case. I turn, therefore, to the individual cases. 21 TLT is a citizen of Iran. He arrived in the United Kingdom on a visitor's visa, together with his wife, TLU, his then 17 year old son and his daughter, TLV (now 16), in 2010. Following a reported search of their home in Iran by Iranian authorities, in which personal belongings and documents were seized, they claimed asylum. TLT was the lead applicant for TLU and TLV. Their son, by then 18, claimed asylum on his own account. The asylum claims of all four were rejected by the Home Office. 22 Their son was subsequently removed to Iran. TLT, TLU and TLV persisted in their asylum claim and were eventually recognised as refugees in May 2014 and granted leave to remain. 23 Each has made a detailed confidential witness statement and been crossexamined upon it. I have been able to form a clear view about their truthfulness and reliability as witnesses, despite the fact that TLT and TLU gave evidence through a very good Farsi interpreter. TLT was a calm, intelligent and straightforward witness. TLU was intelligent and thoughtful. Their daughter, TLV, was a bright and palpably honest young woman. All gave direct answers to Mr. Sanders' restrained and proper questions. I am satisfied that they told me the truth as they remember it, and, despite the upsetting nature of some of what they had to recount, that their evidence is unexaggerated and reasonably accurate. TLU and TLV have significant computer skills and an understanding of how the internet works. BEVERLEY F. NUNNERY & CO. OFFICIAL COURT REPORTERS AND AUDIO TRANSCRIBERS

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières