Claim for damages for false imprisonment brought in judicial review proceedings challenging the legality of a curfew imposed upon the claimant, purportedly under paragraph 2(5) of Schedule 3 to the Immigration Act 1971.
Held: The Court of Appeal in Austin and in Walker were right to say that there could be imprisonment at common law without there being a deprivation of liberty under article 5.
Judges:
Lady Hale, Lord Kerr, Lord Carnwath, Lord Briggs, Lord Sales
Citations:
[2020] 2 WLR 41, [2020] HRLR 8, [2021] AC 262, [2020] WLR(D) 85, [2020] 3 All ER 449, [2020] 1 Cr App R 31, UKSC 2018/0137
Links:
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary Video, SC 2019 Nov 12 am Video, SC 2019 Nov 12 pm Video
Statutes:
European Convention on Human Rights, Immigration Act 1971
Jurisdiction:
England and Wales
Citing:
At Admin (1) – Jollah, Regina (on The Application of) v Secretary of State for The Home Department Admn 24-Feb-2017
Judicial review of refusal to lift curfew conditions . .
At Admin (2) – Jollah, Regina (on The Application of) v Secretary of State for The Home Department (No 2) Admn 9-Nov-2017
Claim for damages for false imprisonment arising out of the imposition of what has been referred to as a curfew, namely a requirement that the claimant be present for a certain number of hours each day at specified premises after release from . .
Appeal from – Jollah, Regina (on The Application of) v The Secretary of State for The Home Department CA 12-Jun-2018
. .
Cited – Gedi, Regina (on The Application of) v Secretary of State for The Home Department Admn 9-Oct-2015
Application for Judicial Review challenging the lawfulness of bail conditions (a curfew monitored by electronic tagging) imposed by the defendant during deportation proceedings under section 32(5) of the 2007 Act. . .
Cited – Gedi, Regina (on The Application of) v Secretary of State for Home Department CA 17-May-2016
The court considered the power of the Secretary of State for the Home Department and her immigration officials to impose conditions of curfew and electronic monitoring on those who have been released from immigration detention pending the conclusion . .
Cited – Berry v Adamson, Gent 22-May-1827
. .
Cited – Grainger v Hill CEC 1838
Misuse of Power for ulterior object
D1 and D2 lent C 80 pounds repayable in 1837, secured by a mortgage on C’s vessel. C was to be free to continue to use the vessel in the interim but the law forbade its use if he were to cease to hold its register. In 1836 the Ds became concerned . .
Cited – Bird v Jones QBD 11-Jan-1845
A section of public road (Hammersmith Bridge) was closed off to provide a vantage point for a boat race. The plaintiff refused to be excluded, and complained that he had not been allowed to use the public highway, and had therefore been imprisoned. . .
Cited – Warner v Riddiford 12-Feb-1858
The claimant was imprisoned when he was refused permission by police officers, acting on behalf of his employers, to leave the room and go upstairs in his own house. . .
Cited – Syed Mahamad Yusuf-ud-Din v Secretary of State for India 1903
For the tort of false imprisonment to be committed, the deprivation of liberty must be actual, rather than potential: ‘Nothing short of actual detention and complete loss of freedom would support an action for false imprisonment.’ . .
Cited – Robertson v The Balmain New Ferry Company Ltd PC 10-Dec-1909
High Court of Australia – The Plaintiff paid a penny on entering the wharf to stay there till the boat should start and then be taken by the boat to the other side. The Defendants were admittedly always ready and willing to carry out their part of . .
Cited – Meering v Grahame-White Aviation Co Ltd CA 1919
An unconscious or drugged person may be detained. For the tort of false imprisonment there must be shown a complete restriction in fact on the plaintiff’s freedom to move: ‘any restraint within defined bounds which is a restraint in fact may be an . .
Cited – Wright v Wilson 1699
An action for false imprisonment will not lie against a man for fastening one of two doors in a room in which A. is, though A. cannot go through the other without trespassing.
A. has a chamber adjoining to the chamber of B. and has a door that . .
Cited – Arrowsmith v Le Mesurier 13-Jun-1806
If a magistrate’s warrant be shown by the constable who has the execution of it to the person charged with an offence, and he thereupon, without compulsion, attend the constable to the magistrate, and after examination be dismissed, it seems this is . .
Cited – Guzzardi v Italy ECHR 6-Nov-1980
The applicant, a suspected Mafioso, had been detained in custody pending his trial. At the end of the maximum period of detention pending trial, he had been taken to an island where, he complained, he was unable to work, keep his family permanently . .
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 . .
Cited – HL v United Kingdom ECHR 10-Sep-2002
(Admissibility) Whether a detention amounts to a deprivation of liberty depends upon all the facts and circumstances of the particular case . .
Cited – Walker v The Commissioner of The Police of The Metropolis CA 1-Jul-2014
The minimal extent of a person’s detention by a police officer who was not exercising the power of arrest would not prevent his detention from being unlawful and amounting to false imprisonment. It was held to be false imprisonment for a police . .
Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Cited – Regina v Rumble CACD 2003
The defendant had surrendered to his bail at a Magistrates Court. There was no usher and no security staff. Following imposition of a custodial sentence, the defendant escaped through the public entrance. It was submitted on an appeal that the . .
Cited – McFadzean and Others v Construction Forestry Mining and Energy Union and Others 13-Dec-2007
The Union set a picket round a camp set up by anti-logging protesters to prevent the protesters getting out. The protesters could have asked the police to escort them out, but that did not mean that they were not imprisoned until they did so. But . .
Cited – Secretary of State for the Home Department v JJ and others HL 31-Oct-2007
The Home Secretary appealed against a finding that a non-derogating control order was unlawful in that, in restricting the subject to an 18 hour curfew and otherwise severely limiting his social contacts, the order amounted to such a deprivation of . .
Cited – Austin and Another v Commissioner of Police of the Metropolis CA 15-Oct-2007
The claimants appealed dismissal of their claims for false imprisonment and unlawful detention by the respondent in his policing of a demonstration. They had been held within a police cordon in the streets for several hours to prevent the spread of . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Torts – Other
Updated: 05 June 2022; Ref: scu.647454