Yorke v Chapman: 1839

The plaintiff was a prisoner committed to the Queen’s Bench Prison for debt. He had been further confined by the marshal in terms of a rule of court in a strong room for disorderly behaviour. He had a statutory right to petition the court on the ground of abuse by the prison authorities and in respect of that complaint the court had power to award recompense and costs. However, he chose instead to bring an action of assault and false imprisonment against the marshal. The Attorney-General sought a rule absolute to stay the action on the ground, inter alia, that there was no charge of excess
Held: The plaintiff’s statutory remedy did not remove his right to bring an action for redress.

Judges:

Lord Denman CJ

Citations:

(1839) 10 Ad and E 207

Jurisdiction:

England and Wales

Cited by:

CitedRegina 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 . .
Lists of cited by and citing cases may be incomplete.

Prisons, Torts – Other

Updated: 01 May 2022; Ref: scu.271098