The claimant, a miner, said that his work was dangerous, and threw down his tools. He now sought damages saying that his employer had falsely imprisoned him by failing to bring him to the surface until the end of his shift.
Held: The employee’s appeal against dismissal of his claim failed. The existence of a contractual relationship between the parties, including an implied obligation on the defendants to take the plaintiff up to the surface at the end of his shift, and left no room for such a claim in tort.
Viscount Haldane LC
[1914] UKHL 2, [1915] AC 67
Bailii
England and Wales
Citing:
Appeal from – Herd v Weardale Steel Coal and Coke Co Ltd CA 1913
The court granted the appeal against the success of a false imprisonment claim by an employee of a coal-mining company, whose complaint was based on his employers’ refusal to comply with his request to take him to the surface, after he had . .
Cited by:
Mentioned – Prison Officers Association v Iqbal CA 4-Dec-2009
The claimant, a prisoner, alleged false imprisonment. The prison officers had taken unlawful strike action leaving him to be confined within his cell and unable to be involved in his normal activities. In view of the strike, a governor’s order had . .
Cited – Secretary of State for Justice v MM SC 28-Nov-2018
The respondent had been detained after conviction for arson, under the 1983 Act, and was liable to indefinite detention in hospital for medical treatment and dischargeable only by the Appellant or the First Tier Tribunal, possibly only as a . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 29 November 2021; Ref: scu.265977