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28/04/2023
Kathryn Howarth led by Edward Brown KC successfully represented the Secretary of State for the Home Department (“SSHD”) in this case, which concerned a judicial review of an award of compensation under the Windrush Compensation Scheme.
The Clamant, Mr Vanriel was a victim of the Windrush scandal and had been awarded in excess of £100,000 under the Windrush Compensation Scheme. Having accepted this sum as a “full and final settlement” under the scheme he then sought judicial review on the basis that the SSHD had misapplied the scheme, in failing to make a discrete payment for his loss of opportunity to claim welfare benefits when he was in Jamaica and shut out of the United Kingdom. However, Mr Justice Griffiths dismissed the judicial review, finding that the words “full and final settlement” were unambiguous, leaving “nothing outstanding” and “reserved no rights to bring any proceedings, including judicial review, in respect of the claim”.
Copy of the Judgment can be found here.