Lotfi Raissi v Secretary of State for Justice (2010) CA (Civ Div) [2010] EWCA Civ 337

Mr Raissi was the first person to be arrested after 9/11 and he was wrongly accused of being involved and further being the Chief Instructor to the hijackers. This case was a judicial review against the Secretary of State’s decision to refuse to consider the client for compensation under the ex gratia compensation scheme which was designed to compensate people who have suffered a miscarriage of justice. The Court ordered the SofS to review his decision and re-determine whether Mr Raissi came within the scheme, either on the basis of his complete exoneration or on the basis that he was the victim of a serious default by the public authorities. The Court was satisfied “that there is a considerable body of evidence to suggest that the police and CPS were responsible for serious defaults”.

Following this,  an application was made for an enforcement order against the Minister of Justice on the basis that he was in contempt of the Court of Appeal’s order of 14 February 2008. The Court ordered the Secretary of State to determine whether Mr Raissi was “completely exonerated” of terrorism and eligible for compensation under the ex gratia scheme within 28 days.