Covid-19 and False Imprisonment – UK Constitutional Law Association

‘The Cambridge Private Law Centre last week hosted its annual Freshfields lecture. Lord Sumption addressed us on “Government by decree—Covid-19 and the Constitution”. This lecture has received considerable media attention and already been mentioned on this blog.’

Full Story

UK Constitutional Law Association, 3rd November 2020

Source: ukconstitutionallaw.org

Brothers stopped and searched over a fist bump to sue Met police – The Guardian

Posted October 29th, 2020 in assault, false imprisonment, news, police, race discrimination, stop and search by sally

‘Two innocent black brothers wrongly suspected by police of drug dealing after they bumped fists in the street say they were targeted because of their skin colour and will sue the police.’

Full Story

The Guardian, 29th October 2020

Source: www.theguardian.com

Case Comment: R v Adams (Northern Ireland) [2020] UKSC 19 – UKSC Blog

‘On 13 May 2020, the Supreme Court handed down judgment in the case of R v Adams (Appellant) (Northern Ireland) [2020] UKSC 19. The case, on appeal from the judgment of the Court of Appeal of Northern Ireland [2018] NICA 8, concerned the challenge by Gerry Adams, former leader of Sinn Féin, to his convictions for attempted escape from the Maze Prison (also known as Long Kesh) in Belfast in the early 1970s. The issue in the case was whether the order pursuant to which Mr Adams was interned in the Maze was valid, given that it had been made by the Minister of State for Northern Ireland and had not been considered personally by the Secretary of State for Northern Ireland himself. The Supreme Court held that it was not valid, that Mr Adams had therefore not been detained lawfully, and consequently, that he had been wrongly convicted of attempting to escape from lawful custody. The Supreme Court duly quashed Mr Adams’ convictions.’

Full Story

UKSC Blog, 18th August 2020

Source: ukscblog.com

False imprisonment: common ground? – No. 5 Chambers

‘On 12 February 2020 Lady Hale delivered the unanimous judgment of the Supreme Court in R (Jalloh) v Secretary of State for the Home Department [2010] UKSC 4.’

Full Story

No. 5 Chambers, 16th March 2020

Source: www.no5.com

Victory in false imprisonment action challenging the lawfulness of Home Office Iraqi removal exercise – Garden Court Chambers

‘QA, an Iraqi national and a vulnerable at risk adult was detained on 27 March 2017 to enable his inclusion in a new Iraqi documentation and removal exercise. Following detention he was held for 4 months, whilst repeated attempts were made to remove him, over which time he consistently expressed suicidal thoughts, engaged in self-harm and attempted suicide on at least two occasions.’

Full Story

Garden Court Chambers, 2nd March 2020

Source: www.gardencourtchambers.co.uk

Sexual predator jailed for luring aspiring models to free photoshoot where he would drug and molest them – Daily Telegraph

Posted March 17th, 2020 in assault, false imprisonment, news, sentencing, sexual offences by sally

‘A serial sexual abuser has been jailed for luring aspiring models to photoshoots where he would ply them with drugged alcohol, wait for them to pass out and assault them.’

Full Story

Daily Telegraph, 14th March 2020

Source: www.telegraph.co.uk

False imprisonment not synonymous with breach of right to liberty – UK Human Rights Blog

‘R (on the application of Jalloh (formerly Jollah)) v Secretary of State for the Home Department [2020] UKSC 4.In a pithy parting shot to the Home Secretary, Lady Hale has given the unanimous judgment of the Supreme Court on the question of whether a person subject to a home curfew under immigration powers had been falsely imprisoned at common law and whether that concept should now be aligned with the concept of deprivation of liberty in article 5 of the ECHR. The Court decided the case against the defendant, as did every court below (the Blog covered the Court of Appeal’s decision here). The defendant had been required to pay the claimant £4,000.’

Full Story

UK Human Rights Blog, 10th March 2020

Source: ukhumanrightsblog.com

R (Jalloh (Liberia)) v Secretary of State for the Home Department [2020] UKSC 4 – UKSC Blog

‘This appeal was about the law on damages for false imprisonment. It required the Supreme Court to consider the meaning of imprisonment at common law and whether this should be aligned with the concept of deprivation of liberty under the European Convention on Human Rights.’

Full Story

UKSC Blog, 12th February 2020

Source: ukscblog.com

Supreme Court holds that Dublin III Detention between January 2014 and March 2017 was unlawful – Garden Court Chambers

‘The Supreme Court has dismissed the appeal of the Secretary of State for the Home Department from the Court of Appeal decision in R(Hemmati and others) v SSHD [2018] EWCA Civ 2122 in which it was held that the Home Office was not entitled to detain asylum seekers for removal under the Dublin III Regulation because of the failure until 15 March 2017, to set out in law the requirements for detention.’

Full Story

Garden Court Chambers, 27th November 2019

Source: www.gardencourtchambers.co.uk

Supreme Court unanimously rules detention of asylum seekers pending removal was unlawful – UK Human Rights Blog

‘R (Hemmati and others) v Secretary of State for the Home Department [2019] UKSC 56. In a significant public law decision, the Supreme Court dismissed the Secretary of State’s appeal and held that the policy governing detention pending removal fails to comply with the Dublin III Regulation as it lacks adequate certainty and predictability.’

Full Story

UK Human Rights Blog, 3rd December 2019

Source: ukhumanrightsblog.com

‘I still suffer trauma’: Home Office’s unlawful detentions – case study – The Guardian

‘Mohamed, an asylum seeker from Sudan, tells how he has been imprisoned many times since arriving in Britain in 2012.’

Full Story

The Guardian, 27th November 2019

Source: www.theguardian.com

New Judgment: R (Hemmati & Ors) (AP) v Secretary of State for the Home Department [2019] UKSC 56 – UKSC Blog

‘The five respondents arrived in the United Kingdom illegally and claimed asylum. Each of the respondents was detained for a period of time pending his or her removal from the United Kingdom pursuant to the Immigration Act 1971 of Schedule 2 paragraph 16(2). The respondents challenged the lawfulness of their detention by bringing claims against the Secretary of State for the Home Department.’

Full Story

UKSC Blog, 27th November 2019

Source: ukscblog.com

Home Office unlawfully imprisoned asylum seekers, supreme court rules – The Guardian

‘The Home Office “falsely imprisoned” many asylum seekers who are now entitled to damages for their loss of liberty at the hands of the government, five supreme court judges have ruled.’

Full Story

The Guardian, 27th November 2019

Source: www.theguardian.com

Two Northumberland men sentenced for physical and mental torture of captive – Crown Prosecution Service

‘Two Northumberland men who subjected a captive man to a night of physical and mental torture have been sentenced to a total of 34 years at Newcastle Crown Court today (20 Nov).’

Full Story

Crown Prosecution Service, 20th November 2019

Source: www.cps.gov.uk

Police ban on Extinction Rebellion protests ruled illegal by high court – The Guardian

Posted November 6th, 2019 in climate change, demonstrations, false imprisonment, news, police, public order by sally

‘Hundreds of Extinction Rebellion protesters may now sue the Metropolitan police for unlawful arrest after the high court quashed an order banning the group’s protests in London last month.’

Full Story

The Guardian, 6th November 2019

Source: www.theguardian.com

Carlisle man who poured boiling water on partner jailed – BBC News

‘A man who beat his partner with a mallet and poured boiling water over her head has been jailed for 15 years.’

Full Story

BBC News, 4th November 2019

Source: www.bbc.co.uk

Leeds ‘paedophile hunters’ cleared of assault charges – The Guardian

Posted October 31st, 2019 in assault, child abuse, false imprisonment, internet, news, sexual grooming by sally

‘A group of self-styled paedophile hunters have vowed to carry on seeking out child abusers after a jury cleared them of all charges following stings on two men.’

Full Story

The Guardian, 30th October 2019

Source: www.theguardian.com

Settling for nil damages can still be a genuine Part 36 offer – MR v Commissioner of Police of the Metropolis [2019] EWHC 1970 QB – Zenith PI

Posted September 6th, 2019 in assault, costs, damages, false imprisonment, harassment, news, part 36 offers, police by tracey

‘The appellant was arrested on suspicion of harassment but was later released without charge, after police had taken fingerprints and DNA samples. The appellant issued a claim for false imprisonment and assault.’

Full Story

Zenith PI, 5th September 2019

Source: zenithpi.wordpress.com

Offer to settle for no damages was valid under part 36 – Litigation Futures

‘An offer to settle a case for no damages but an admission of liability was a valid part 36 offer and it was not unjust to apply the usual consequences of beating an offer when the claimant won at trial, the High Court has ruled.’

Full Story

Litigation Futures, 28th August 2019

Source: www.litigationfutures.com

Compensation for anti-EDL activists detained by police reaches £729,000 – Daily Telegraph

‘Scotland Yard has paid out £729,000 in compensation to activists who claimed they were unlawfully detained while marching against the English Defence League (EDL).’

Full Story

Daily Telegraph, 27th June 2019

Source: www.telegraph.co.uk