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 been issued confining the prisoners within their cells. The Association appealed against a finding that it was liable.
Held: The Judge had been wrong to hold that any prison officers, and hence the POA, were liable for the tort of false imprisonment in this case. (a) The mere failure of the prison officers to work at the Prison, while it may have been a breach of their employment contracts, involved no positive action on their part, and (b) that failure was not the direct cause of the claimant being confined to his cell.
Smith, Sullivan LJ, Lord
[2009] EWCA Civ 1312, Times 06-Jan-2010, [2010] 2 WLR 1054, [2010] QB 732
Bailii
Prison Act 1952 12 13
England and Wales
Citing:
Cited – 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 . .
Mentioned – Herd v Weardale Steel Coal and Coke Co Ltd HL 30-Jun-1914
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 . .
Cited – Smith v Littlewoods Organisation Limited (Chief Constable, Fife Constabulary, third party); Maloco v Littlewoods Organisation Ltd HL 1987
The defendant acquired a semi derelict cinema with a view to later development of the site. A fire started by others spread to the pursuer’s adjoining property.
Held: The defendants were not liable in negligence. The intervention of a third . .
Cited – Grinham v Willey 1859
A felony crime was reported to the police by the defendant. The police officer attended, and on the information supplied arrested the plaintiff who was taken to the police station and charged, signing the charge sheet.
Held: The defendant was . .
Cited – Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office HL 24-Jul-1991
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to . .
Cited – Davidson v Chief Constable of North Wales Police and Another CA 31-May-1993
A store detective said the plaintiffs had stolen from the store. He was wrong. The plaintiffs sought damages from the defendant for false imprisonment.
Held: If the police use their own discretion to arrest a suspect, an informer is not liable . .
Cited – Gray v Thames Trains and Others HL 17-Jun-2009
The claimant suffered severe psychiatric injured in a rail crash caused by the defendant’s negligence. Under this condition of Post-Traumatic Stress Disorder, the claimant had gone on to kill another person, and he had been detained under section . .
Cited – Toumia v Evans (Secretary General of the Prison Officers Association CA 12-Mar-1999
A prisoner had an arguable case for false imprisonment against a prison officers union who advocated industrial action resulting in him being locked in his cell for much longer than normal. A judge was wrong to hear an appeal without notifying the . .
Cited – Karagozlu v Commissioner of Police of the Metropolis CA 12-Dec-2006
The claimant made a claim for misfeasance in public office. The defendant argued that such a claim required proof of special damage. The claimant said that the deprivation of liberty amounted to such damage. Whilst serving a prison sentence the . .
Cited by:
Cited – TTM v London Borough of Hackney and Others Admn 11-Jun-2010
The claimant had said that his detention under the 1983 Act was unlawful, and that the court should issue a writ of habeas corpus for his release. Having been released he sought damages on the basis that his human rights had been infringed. The . .
Cited – Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
Lists of cited by and citing cases may be incomplete.
Prisons, Torts – Other
Updated: 01 November 2021; Ref: scu.381758