Regina (Sino) v Secretary of State for the Home Department – WLR Daily

Regina (Sino) v Secretary of State for the Home Department [2016] EWHC 803 (Admin)

‘Claiming that he had been unlawfully detained, the claimant sought, through the route of judicial review, immediate release from detention, determination of the defendant’s liability for his false imprisonment and resolution as to whether, if false imprisonment was established, damages should be compensatory or nominal. The defendant had detained the claimant under immigration powers for periods totalling seven years and two months. The judge held that the claimant had been unlawfully detained between 13 July and 10 December 2013 and was entitled to more than nominal damages for false imprisonment, to be assessed on a compensatory basis. The claimant failed in his public law claim in relation to accommodation, deportation and removal. An issue arose as to costs. The defendant contended, inter alia, that as the claimant had succeeded on only one issue out of four he was entitled to only 25% of his costs.’

WLR Daily, 12th April 2016

Source: www.iclr.co.uk

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Family member of EU national awarded £136,000 damages against Home Office – Free Movement

‘A High Court judge has awarded the family member of an EU national a total of £136,048 in damages. The award consists of £76,578 for false imprisonment and £59,470 for breach of EU law. The Home Office is also criticised for having made “inaccurate and misleading” submissions to previous judges on multiple occasions and the damages include not just compensatory damages for lost earnings and distress but also special damages, aggravated damages and exemplary damages.’

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Free Movement, 30th March 2016

Source: www.freemovement.org.uk

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Maoist cult leader jailed for 23 years as ‘slave’ daughter goes public – The Guardian

Posted January 29th, 2016 in child cruelty, false imprisonment, news, rape, sentencing, sexual offences by tracey

‘The “slave” daughter of the Maoist cult leader Aravindan Balakrishnan has revealed her identity for the first time as her father was jailed for 23 years for her imprisonment and repeated sex attacks on other followers.’

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The Guardian, 29th January 2016

Source: www.guardian.co.uk

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Appeal judges rule against legal aid in actions against police in ‘blow for civil liberties’ – Legal Voice

Posted January 29th, 2016 in appeals, false imprisonment, legal aid, news, police by tracey

‘In a ruling that has been described as “a blow for civil liberties”, appeal judges have effectively limited legally aided claims against the police to situations where claimants can show there was dishonesty.’

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Legal Voice, 27th January 2016

Source: www.legalvoice.org.uk

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Maoist cult leader Aravindan Balakrishnan guilty of sex assaults – BBC News

Posted December 4th, 2015 in assault, child cruelty, false imprisonment, news, rape by tracey

‘A Maoist cult leader who used violence, fear and sexual degradation to control women he held captive has been found guilty of a string of sex assaults.’

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BBC News, 4th December 2015

Source: www.bbc.co.uk

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Lynette White: Corruption probe conviction ‘not realistic’ – BBC News

‘There was “no realistic prospect” of convicting eight police officers involved in the Lynette White murder investigation, the High Court has heard.’

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BBC News, 11th November 2015

Source: www.bbc.co.uk

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Rape victim falsely accused of lying by police wins £20,000 payout – The Guardian

‘A rape victim falsely accused of lying by detectives has won £20,000 in damages after suing police under the Human Rights Act. The woman, who cannot be named, was 17 when a man raped her in Winchester in April 2012 after a night out with friends. Her mother reported the attack hours later and the victim told officers her T-shirt may contain her attacker’s DNA.’

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The Guardian, 22nd May 2015

Source: www.guardian.co.uk

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Two teenagers who ‘tortured’ a girl in Hertfordshire detained – BBC News

‘Two teenagers who kidnapped then “tortured” a girl aged 14 by pouring salt down her throat and making her perform a sex act have been sentenced.’

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BBC News, 18th May 2015

Source: www.bbc.co.uk

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Care assistant among trio jailed for gambler’s killing – The Guardian

‘A woman has been jailed for 16 years for setting a trap which led to the “pitiless and wicked” murder of a professional gambler for the sake of his winnings.’

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The Guardian, 28th April 2015

Source: www.guardian.co.uk

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Three found guilty over gambler’s killing – The Guardian

Posted April 16th, 2015 in conspiracy, false imprisonment, firearms, homicide, murder, news, robbery by sally

‘A woman has been found guilty of luring a professional gambler into bringing her to his flat, where he was kicked to death for the sake of his winnings.’

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The Guardian, 15th April 2015

Source: www.guardian.co.uk

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Alternative dispute resolution – Law Society’s Gazette

‘The recent case of Laporte v The Commissioner for the Police of the Metropolis [2015] EWHC 371 (QB), which came before Turner J (pictured), reinforced the pro-ADR stance of courts and the obligation on parties to seriously consider and engage with ADR processes. Although the case also dealt with indemnity costs, this article specifically focuses upon ADR.’

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Law Society’s Gazette, 2nd March 2015

Source: www.lawgazette.co.uk

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Court of Appeal rules on police duty to suspects in detention – UK Human Rights Blog

‘In a recent judgment, the Court of Appeal held that where a criminal suspect is remanded in custody, Article 5 of the Convention requires the police to notify the court as soon as possible if there is no longer a reasonable basis for suspecting them. It also held that the police and CPS must aid the court in observing its duty to show ‘special diligence’ in managing a suspect’s detention, by investigating the case conscientiously and by promptly bringing relevant material to the court’s attention.’

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UK Human Rights Blog, 27th February 2015

Source: www.ukhumanrightsblog.com

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Zenati v Commissioner of Police of the Metropolis and another – WLR Daily

Posted February 19th, 2015 in appeals, false imprisonment, freedom of movement, human rights, law reports, police by sally

Zenati v Commissioner of Police of the Metropolis and another [2015] EWCA Civ 80; [2015] WLR (D) 74

‘The detention of a person, which was initiated and continued for the purpose of bringing that person, reasonably suspected of having committed an offence, before a court from time to time as might be necessary, was lawful, under article 5.1(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms, since by article 5.3 a person so detained was required not only to be brought before a court, but also to be tried within a reasonable time. That meant that he might be detained until trial provided that the trial took place within a reasonable time, and he was detained in accordance with article 5.1(c) until the date of trial. The persistence of reasonable suspicion was a condition for the lawfulness of continuing detention. It had to be implicit in article 5.1(c) and 5.3 that the investigating/prosecuting authorities were required to bring the relevant facts to the court’s attention as soon as possible, so that it might review the situation and order the person’s release if it were satisfied that there were no longer any grounds for the continuing detention. The article provided a right to compensation in the event of its breach in article 5.5, so that there was no compelling need to establish that such breach resulted in liability for the tort of false imprisonment.’

WLR Daily, 11th February 2015

Source: www.iclr.co.uk

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Patient loses appeal over level of damages for 442-day unlawful detention – Local Government

Posted February 18th, 2015 in damages, false imprisonment, hospital orders, hospitals, mental health, news by sally

‘A mentally disordered patient unlawfully detained in hospital for 442 days has lost an appeal over the level of damages he should be awarded.’

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Local Government Lawyer, 17th February 2015

Source: www.localgovernmentlawyer.co.uk

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What price liberty? Damages, DOLS and a cat named Fluffy – UK Human Rights Blog

‘With a significant backlog of care home cases in the Court of Protection, P’s case runs the risk of becoming something of a precedent on the question of damages for unlawful detention. However, as far as calculation of damages goes, it is light on analysis of principle. This post seeks to explore whether the considerable case law that has developed on damages for false imprisonment in other situations may help illuminate what this type of case is worth.’

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UK Human Rights Blog, 29th January 2015

Source: www.ukhumanrightsblog.com

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Coventry kidnap gang who cut off man’s finger jailed – BBC News

Posted January 27th, 2015 in assault, blackmail, conspiracy, false imprisonment, gangs, kidnapping, news, sentencing by sally

‘A kidnap gang who cut off a man’s finger to get a £20,000 ransom have been jailed.’

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BBC News, 26th January 2015

Source: www.bbc.co.uk

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London ‘slavery’ case: CPS charges Aravindan Balakrishnan – The Guardian

Posted December 11th, 2014 in child cruelty, false imprisonment, news, rape, trafficking in human beings by sally

‘A Maoist activist accused of keeping three women in domestic servitude for 30 years has been charged with 25 offences including rape and child cruelty.’

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The Guardian, 11th December 2014

Source: www.guardian.co.uk

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Child abduction changes – Law Society’s Gazette

Posted December 4th, 2014 in child abduction, detention, false imprisonment, kidnapping, news, reports, sentencing by sally

‘Proposed amendments to child abduction legislation will have a far-reaching impact on family law, write Joanna Farrands and Helen Habershon.’

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Law Society’s Gazette, 1st December 2014

Source: www.lawgazette.co.uk

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Simplification of Criminal Law: Kidnapping and Related Offences – Law Commission

Posted November 20th, 2014 in child abduction, false imprisonment, kidnapping, Law Commission, reports by tracey

‘A report recommending reforms to the law relating to kidnapping, false imprisonment and child abduction.’

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Law Commission, 20th November 2014

Source: www.justice.gov.uk/lawcommission

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Connah Smith jailed for nurses murder bid – BBC News

Posted November 11th, 2014 in attempts, false imprisonment, murder, news, nurses, sentencing, threatening behaviour, wounding by tracey

‘A man found guilty of attempting to murder two trainee nurses who were stabbed, doused with petrol and almost set on fire has been jailed for life.’

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BBC News, 11th November 2014

Source: www.bbc.co.uk

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