Fabrigas v Mostyn: 1775

The plaintiff a native Minorquan sought to bring an action in England for an alleged assault and false imprisonment on him in Minorca by the Governor of Minorca.
Held: Such an action could be brought. What foreign law is is a matter of fact to be determined by the provision of evidence, with the court assisting the jury to explain it. An action may not be brought against a judge on a court of record for something done by him in court. He may plead that it was done as such a judge, and that will be a complete defence.


Lord Mansfield CJ


(1773) 20 St Tr 82, [1775] 1 Copp 161, [1775] 98 ER 1021


England and Wales


Appeal fromFabrigas v Mostyn 1773
Minorca was a ceded colony of the British Crown. The Governor, General Mostyn, apparently fearing that Fabrigas would stir up danger for the garrison, committed him to the worst prison on the island, with no bed and only bread and water, and with no . .
See AlsoFabrigas v Mostyn 1746
And as to the excess of damages, the Court were all of opinion, that it was very difficult to interpose with respect to the quantum of damages in actions for any personal wrong. Not that it can be laid down, that in no case of personal injury the . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Commonwealth, Personal Injury, Legal Professions

Updated: 10 May 2022; Ref: scu.277172