Current Awareness » false imprisonment

Solicitor James Watson attacks police ‘vendetta’ – The Independent

tracey — Mon, 13 May 2013 09:02:08 +0000

“A defence solicitor who secured more than £500,000 in damages from a police force after he was wrongly arrested says officers mounted a ‘vendetta’ against him.”

Full story

The Independent, 11th May 2013

Source: www.independent.co.uk

Dale Farm protester awarded damages – Daily Telegraph

sally — Tue, 23 Apr 2013 10:28:44 +0000

“A protester arrested at the Dale Farm traveller eviction will receive undisclosed damages after she complained she was left in a police van for too long.”

Full story

Daily Telegraph, 23rd April 2013

Source: www.telegraph.co.uk

H (A Protected Party) v Commissioner of Police of the Metropolis – WLR Daily

sally — Thu, 21 Feb 2013 11:56:21 +0000

H (A Protected Party) v Commissioner of Police of the Metropolis [2013] EWCA Civ 69; [2013] WLR (D) 66

“The statutory defence in section 5 of the Mental Capacity Act 2005 did not impose impossible demands on those who did acts in connection with the care or treatment of others who lacked capacity. It required no more than what was reasonable, practical and appropriate. What that entailed depended on all the circumstances.”

WLR Daily, 14th February 2013

Source: www.iclr.co.uk

Met police loses bid to overturn award to autistic teenager – The Guardian

sally — Fri, 15 Feb 2013 09:46:52 +0000

“The court of appeal has rejected an attempt by the Metropolitan police commissioner Sir Bernard Hogan-Howe to overturn an award of £28,250 in damages to a severely autistic teenager who was put in handcuffs and leg restraints and held in a police van after jumping into a swimming pool.”

Full story

The Guardian, 14th February 2013

Source: www.guardian.co.uk

Autism damages case: Met Police loses damages appeal – BBC News

sally — Thu, 14 Feb 2013 11:16:59 +0000

“The Court of Appeal has rejected a bid to overturn a damages award made to a teenager with autism restrained by police after jumping fully-clothed into a swimming pool.”

Full story

BBC News, 14th February 2013

Source: www.bbc.co.uk

Blind man Tasered by police seeks compensation – The Guardian

tracey — Fri, 11 Jan 2013 09:35:23 +0000

“A blind stroke victim has made a claim for compensation after he was shot in the back with a 50,000-volt Taser stun gun by a police officer who mistook his white stick for a samurai sword.”

Full story

The Guardian, 10th January 2013

Source: www.guardian.co.uk

Wrongly convicted father granted care of children again – BBC News

tracey — Mon, 15 Oct 2012 09:49:26 +0000

“A father wrongly convicted of causing grievous bodily harm and cruelty against his baby daughter has been told he can care for his children again.”

Full story

BBC News, 13th October 2012

Source: www.bbc.co.uk

Mother-of-eight Shamim Akhtar jailed for drugging daughter – The Independent

sally — Mon, 30 Jul 2012 09:19:52 +0000

“A grandmother has been jailed for four years for kidnapping and drugging her own daughter after she refused to marry the man her family wanted her to.”

Full story

The Independent, 27th July 2012

Source: www.independent.co.uk

Tottenham Court Road siege: Man jailed for office bomb hoax – BBC News

tracey — Wed, 25 Jul 2012 08:58:02 +0000

“A bomb hoaxer who caused the closure of London’s Tottenham Court Road after throwing equipment from the fifth floor of an office block has been jailed.”

Full story

BBC News, 24th july 2012

Source: www.bbc.co.uk

Torture victims held in UK immigration detention centres launch legal action – The Guardian

sally — Tue, 22 May 2012 08:35:33 +0000

“Torture victims who have been held in British immigration detention centres are to launch a high court legal challenge for false imprisonment against the UK Border Agency.”

Full story

The Guardian, 22nd May 2012

Source: www.guardian.co.uk

Irrational, inhuman and degrading: detention of a mentally ill asylum-seeker was unlawful – UK Human Rights Blog

sally — Mon, 23 Apr 2012 10:21:12 +0000

“The detention of a mentally ill person in an Immigration Removal Centre (IRC) amounted to inhuman and degrading treatment and false imprisonment, and was irrational, the High Court has ruled.”

Full story

UK Human Rights Blog, 23rd April 2012

Source: www.ukhumanrightsblog.com

Ex-paratrooper Anthony Malone jailed over torture – BBC News

sally — Tue, 03 Apr 2012 15:25:10 +0000

“A former paratrooper has been jailed for eight years for taking part in the kidnap and torture of two brothers after a property deal collapsed.”

Full story

BBC News, 3rd April 2012

Source: www.bbc.co.uk

Court gives £17,000 to detained illegal immigrant – BBC News

tracey — Fri, 04 Nov 2011 15:08:19 +0000

“An illegal immigrant has been awarded £17,360 at the High Court for being wrongly imprisoned.”

Full story

BBC News, 4th November 2011

Source: www.bbc.co.uk

Deportee to sue immigration authorities for unlawful detention – The Guardian

sally — Fri, 07 Oct 2011 08:26:02 +0000

“A man detained by the immigration authorities for four years and seven months while they tried to deport him to Morocco is claiming damages for unlawful detention after the high court ruled his incarceration was “self-evidently unreasonable”.”

Full story

The Guardian, 6th October 2011

Source: www.guardian.co.uk

Torture couple Anna Wibrew and Simon Weller jailed – BBC News

sally — Wed, 05 Oct 2011 08:44:18 +0000

“A couple have been jailed for their part in the torture of a man who stabbed himself in the chest to try to kill himself after being kept prisoner.”

Full story

BBC News, 4th October 2011

Source: www.bbc.co.uk

Banned preacher can seek damages over illegal arrest – Daily Telegraph

sally — Mon, 03 Oct 2011 08:51:15 +0000

“A banned Islamic preacher who entered Britain illegally following a Home Office blunder is entitled to seek damages after being detained unlawfully, a judge has ruled.”

Full story

Daily Telegraph, 30th September 2011

Source: www.telegraph.co.uk

Theresa May defends decision to exclude Palestinian activist from UK – The Guardian

tracey — Tue, 20 Sep 2011 13:25:22 +0000

“The home secretary, Theresa May, has defended her decision to exclude the Palestinian political activist Sheikh Raed Salah from Britain, insisting that she will take pre-emptive action against those who encourage extremism. A high court judge is to decide whether Salah’s arrest and detention was illegal and if he should be entitled to damages for false imprisonment.”

Full story

The Guardian, 20th September 2011

Source: www.guardian.co.uk

Women jailed over abuse of girl, 16, in south London – BBC News

sally — Mon, 05 Sep 2011 11:55:06 +0000

“Three women have been jailed for subjecting a girl to hours of ‘abuse and humiliation’ in south London.”

Full story

BBC News, 5th September 2011

Source: www.bbc.co.uk

HSBC manager held overdrawn customer against her will – BBC News

sally — Thu, 07 Jul 2011 08:19:51 +0000

“HSBC bank has written off a customer’s overdraft after a judge decided it had unlawfully imprisoned her and harassed her with hundreds of phone calls.”

Full story

BBC News, 6th July 2011

Source: www.bbc.co.uk

Prisoners receive £10m in payouts – The Independent

sally — Mon, 27 Jun 2011 09:07:20 +0000

“Prisoners have won more than £10 million in compensation over the last five years, figures show.”

Full story

The Independent, 26th June 2011

Source: www.independent.co.uk

Austrian count who complained over prison underpants wins damages, says lawyer – Daily Telegraph

sally — Tue, 31 May 2011 09:20:27 +0000

“An Austrian count who complained about his prison underpants has been awarded almost £400,000 after he was held in custody for six days, his lawyer said today.”

Full story

Daily Telegraph, 27th May 2011

Source: www.telegraph.co.uk

Home Office falsely imprisoned sex offender – The Guardian

sally — Wed, 25 May 2011 10:07:05 +0000

“The Home Office falsely imprisoned a convicted sex offender in immigration detention for two years because of a failure to carry out regular reviews, a court has ruled.”

Full story

The Guardian, 25th May 2011

Source: www.guardian.co.uk

Police paid £250,000 in compensation to people arrested over G20 protests – The Guardian

sally — Mon, 09 May 2011 15:19:21 +0000

“The Metropolitan police has paid out more than £250,000 in damages to people arrested in connection with the G20 protests in London in 2009, the bulk of it to 66 activists held during a controversial raid on a squatted building.”

Full story

The Guardian, 9th May 2011

Source: www.guardian.co.uk

Jailed heroin restraint mother Julia Saker loses appeal – BBC News

sally — Wed, 20 Apr 2011 08:32:38 +0000

“A Kent mother who was jailed for tying up her daughter to stop her buying heroin has lost an appeal against her prison sentence.”

Full story

BBC News, 19th April 2011

Source: www.bbc.co.uk

Essex arrest error woman gets pay-out from police – BBC News

sally — Fri, 15 Apr 2011 08:29:08 +0000

“A woman has received compensation from Essex Police after a series of errors led to her being arrested and imprisoned.”

Full story

BBC News, 12th April 2011

Source: www.bbc.co.uk

Richardson v Chief Constable of West Midlands Police – WLR Daily

sally — Mon, 04 Apr 2011 09:21:34 +0000

Richardson v Chief Constable of West Midlands Police [2011] EWHC 773 (QB); [2011] WLR (D) 116

“Before a police officer made an arrest, pursuant to section 24 of the Police and Criminal Evidence Act 1984, he had to consider, in accordance with the requirements of section 24(4), whether arrest was necessary or whether voluntary attendance at a police station would achieve the objective that he wished to secure.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Six people jailed in ‘severed thumb’ case – BBC News

sally — Mon, 28 Mar 2011 15:50:07 +0000

“Six people involved in the abduction, torture and murder of a restaurant worker from Hertfordshire have been jailed.”

Full story

BBC News, 28th March 2011

Source: www.bbc.co.uk

Regina (Lumba (Congo)) v Secretary of State for the Home Department; Same v Same (No 2); Regina (Mighty (Jamaica)) v Same; [On appeal from Regina (WL (Congo)) v Secretary of State for the Home Department] – WLR Daily

sally — Fri, 25 Mar 2011 10:48:39 +0000

Regina (Lumba (Congo)) v Secretary of State for the Home Department; Same v Same (No 2); Regina (Mighty (Jamaica)) v Same; [On appeal from Regina (WL (Congo)) v Secretary of State for the Home Department] [2011] UKSC 12;; [2011] WLR (D) 100

”The unlawful exercise by the Secretary of State of the power to detain foreign national prisoners gave rise to a private law action for the tort of false imprisonment without the need for proof of damage on the part of the prisoners, even though it could be demonstrated that they could and would still have been detained if the power had been lawfully exercised. However, in those circumstances the prisoners had suffered no loss or damage and were entitled to no more than nominal damages.”

WLR Daily, 23rd March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Foreign prisoners win £1 over UK false imprisonment – BBC News

sally — Wed, 23 Mar 2011 14:03:12 +0000

“The UK Supreme Court has ruled that the Home Office unlawfully imprisoned two foreign national prisoners in a ‘serious abuse of power’.”

Full story

BBC News, 23rd March 2011

Source: www.bbc.co.uk

Boss forced to pay £13k to compensate stealing employee – Daily Telegraph

sally — Tue, 15 Feb 2011 10:11:03 +0000

“A boss who took an employee he caught stealing to the police station with a sign saying ‘Thief’ around his neck has paid £13,000 after the criminal sued for ‘humiliation’.”

Full story

Daily Telegraph, 15th February 2011

Source: www.telegraph.co.uk

Concern over mother jailed for restraining daughter on drugs – BBC News

sally — Mon, 07 Feb 2011 10:55:04 +0000

“A Kent MP is calling for sentencing guidelines to be reviewed after a mother was jailed for trying to stop her daughter going out to buy heroin.”

Full story

BBC News, 4th February 2011

Source: www.bbc.co.uk

M v Hackney London Borough Council and others – WLR Daily

sally — Tue, 18 Jan 2011 09:44:21 +0000

M v Hackney London Borough Council and others [2011] EWCA Civ 4; [2011] WLR (D) 2

“A hospital trust was entitled to rely upon an application for the admission for treatment of a patient under the Mental Health Act 1983 which appeared to comply with section 6(3) of the Act as being a lawfully made application pursuant to the provisions of the Act. Where such an application, completed by an approved mental health professional (AMHP), had failed to comply with those provisions, the failure rendered the patient’s detention unlawful and imposed the responsibility for the unlawful detention upon the AMHP. The statutory defence in section 139(1), which relieved the AMHP from civil liability unless he or she had acted in bad faith or without reasonable care, would be read down by virtue of section 3 of the Human Rights Act 1998 so as to permit a claim by the detained person for compensation from the AHMP.”

WLR Daily, 17th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Student fees protest: lawyers launch legal challenge to kettling – The Guardian

sally — Tue, 14 Dec 2010 15:02:53 +0000

“Lawyers have launched a legal challenge to the police tactic of kettling during recent student demonstrations, claiming a breach of human rights.”

Full story

The Guardian, 14th December 2010

Source: www.guardian.co.uk

Solicitors sue police for wrongful imprisonment – The Independent

sally — Wed, 20 Oct 2010 08:35:42 +0000

“Three solicitors were today suing police for wrongful imprisonment after falling foul of strict prison regulations.”

Full story

The Independent, 19th October 2010

Source: www.independent.co.uk

Ex MP Nigel Waterson wins damages from Met Police – BBC News

sally — Fri, 24 Sep 2010 13:31:04 +0000

“A former MP who was arrested on suspicion of assaulting his teenage son and daughter has received damages and an apology from the police.”

Full story

BBC News, 24th September 2010

Source: www.bbc.co.uk

Murderer Ronald Cheshire jailed for raping girl in 1980 – BBC News

sally — Fri, 24 Sep 2010 09:07:35 +0000

“A man who raped, kidnapped and falsely imprisoned a teenage girl 30 years ago has been given a nine-year jail term.”

Full story

BBC News, 23rd September 2010

Source: www.bbc.co.uk

Palm print led to arrest of teenage rapist 25 years later, court hears – The Guardian

sally — Wed, 08 Sep 2010 08:48:38 +0000

“A teenager who raped a woman in her home and forced her flatmate to join in the abuse was caught by his palm print 25 years later, a court heard today.”

Full story

The Guardian, 7th September 2010

Source: www.guardian.co.uk

Woman jailed for ‘vicious’ revenge attack – The Independent

sally — Mon, 28 Jun 2010 14:35:57 +0000

“A carer was today sentenced to a total of seven years in prison for her part in a ‘prolonged and vicious’ revenge attack on her husband’s former lover.”

Full story

The Independent, 28th June 2010

Source: www.independent.co.uk

Former Guantánamo detainees set for payouts after winning secrecy appeal – The Guardian

sally — Wed, 05 May 2010 08:32:52 +0000

“British residents held at Guantánamo Bay could be offered millions of pounds in compensation for wrongful imprisonment and abuse after the court of appeal today dismissed an attempt by MI5 and MI6 to suppress evidence of alleged complicity in torture.”

Full story

The Guardian, 4th May 2010

Source: www.guardian.co.uk

Guantanamo damages claimants to hear evidence ruling – BBC News

sally — Tue, 04 May 2010 09:06:17 +0000

“Six former Guantanamo Bay detainees are to hear if an appeal has succeeded against government use of secret evidence to fight their damages claim.”

Full story

BBC News, 4th May 2010

Source: www.bbc.co.uk

Comedian Mark Thomas wins £1,200 over police search – The Guardian

sally — Tue, 20 Apr 2010 08:56:35 +0000

“Police have paid compensation and apologised to the comedian and activist Mark Thomas after they admitted unlawfully searching him for looking ‘over-confident’ at a demonstration.”

Full story

The Guardian, 19th April 2010

Source: www.guardian.co.uk

Government attempts to keep torture case secret – The Guardian

sally — Mon, 08 Mar 2010 10:12:55 +0000

“The government will attempt today to have a case about torture heard entirely behind closed doors in a move that some lawyers say would extend secrecy to a new area of hearings, overriding ancient principles of English law.”

Full story

The Guardian, 8th March 2010

Source: www.guardian.co.uk

Iqbal v Prison Officers Association – WLR Daily

sally — Mon, 07 Dec 2009 11:17:20 +0000

Iqbal v Prison Officers Association [2009] EWCA Civ 1310; [2009] WLR (D) 355

“A claim for false imprisonment did not lie against prison officers who took unlawful strike action which resulted in a prisoner, who would otherwise have been permitted by the prison governor to leave his cell for the purpose of working, exercise and health care, being confined to his cell.”

WLR Daily, 4th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

‘Anti-slavery laws’ before Lords – BBC News

sally — Mon, 26 Oct 2009 09:43:47 +0000

“The House of Lords is expected to vote later on proposed new laws for England and Wales to deal with what campaigners are calling modern-day slavery.”

Full story

BBC News, 26th October 2009

Source: www.bbc.co.uk

Black youth worker arrested for watching police wins compensation – The Guardian

sally — Wed, 14 Oct 2009 08:42:48 +0000

“A black youth worker arrested and charged for watching at a distance as police detained a teenager at a London railway station is to receive an apology and £22,000 compensation from the British Transport police.”

Full story

The Guardian, 13th October 2009

Source: www.guardian.co.uk

Hunt protesters get police payout – BBC News

sally — Tue, 08 Sep 2009 15:02:13 +0000

“Eleven anti-hunt protesters have been given a total of £38,300 in damages from Derbyshire Police.”

Full story

BBC News, 8th September 2009

Source: www.bbc.co.uk

Two free in roof protester case – BBC News

sally — Wed, 19 Aug 2009 08:03:19 +0000

“Two property developers accused of assaulting and falsely imprisoning a rooftop protester have walked free from Cardiff Crown Court.”

Full story

BBC News, 18th August 2009

Source: www.bbc.co.uk

Falsely jailed man gets £60,000 – The Indepedent

sally — Mon, 20 Jul 2009 08:25:20 +0000

“A High Court judge has condemned the Home Office’s ‘unforgivable’ treatment of a Dutch national falsely imprisoned for 128 days, supposedly in a case of mistaken identity.”

Full story

The Independent, 18th July 2009

Source: www.independent.co.uk

‘Slavery’ mother-in-law is jailed – BBC News

sally — Mon, 01 Jun 2009 08:32:34 +0000

“A 63-year-old woman who imprisoned her three daughters-in-law, treating them as ‘slaves and dogs’, has been jailed for seven years.”

Full story

BBC News, 29th May 2009

Source: www.bbc.co.uk

Video: police pay £85,000 and apologise to arrested protesters – The Guardian

sally — Thu, 30 Apr 2009 08:53:46 +0000

“Scotland Yard has paid £85,000 damages to five people who were arrested, imprisoned for 40 hours and prosecuted after a protest outside a London embassy.”

Full story

The Times, 30th April 2009

Source: www.timesonline.co.uk