When considering an allegation of false imprisonment, the element of detention or imprisonment is a pure issue of fact for the jury and the element of justification is one in which the judge has a role to play.
Citations:
[1965] 1 QB 348
Jurisdiction:
England and Wales
Cited by:
Cited – In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L HL 25-Jun-1998
The applicant was an adult autistic, unable to consent to medical treatment. Treatment was provided at a day centre. He had been detained informally under the Act and against the wishes of his carers, but the Court of Appeal decided he should have . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 24 November 2022; Ref: scu.218834