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.’
Judges:
Lord Macnaghten
Citations:
(1903) 19 TLR 496, (1903) 30 Ind App 154
Jurisdiction:
England and Wales
Citing:
Approved – 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. . .
See Also – Sayad Muhammad Yusuf-Ud-Din v The Queen PC 7-Jul-1897
(Punjab) . .
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 . .
Cited – Jalloh, Regina (on the application of) v Secretary of State for the Home Department SC 12-Feb-2020
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 . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 05 June 2022; Ref: scu.218830
