false imprisonment – Current Awareness

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

Posted December 4th, 2019 in asylum, detention, EC law, false imprisonment, immigration, judicial review, news, Supreme Court by sally

‘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.’

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

Posted December 4th, 2019 in asylum, detention, EC law, false imprisonment, immigration, judicial review, news, Supreme Court by tracey

‘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.’

UK Human Rights Blog, 3rd December 2019

Source: ukhumanrightsblog.com

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

Posted November 28th, 2019 in asylum, detention, false imprisonment, news, post-traumatic stress disorder, Supreme Court, torture by sally

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

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

Posted November 28th, 2019 in asylum, detention, EC law, false imprisonment, immigration, judicial review, news, Supreme Court by sally

‘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.’

UKSC Blog, 27th November 2019

Source: ukscblog.com

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

Posted November 27th, 2019 in appeals, asylum, compensation, detention, false imprisonment, government departments, immigration, news, Supreme Court by sally

‘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.’

The Guardian, 27th November 2019

Source: www.theguardian.com

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

Posted November 21st, 2019 in assault, drug offences, false imprisonment, grievous bodily harm, news, sentencing, torture, wounding by tracey

‘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).’

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.’

The Guardian, 6th November 2019

Source: www.theguardian.com

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

Posted November 5th, 2019 in conspiracy, domestic violence, false imprisonment, grievous bodily harm, news, perverting the course of justice, sentencing by sally

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

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.’

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.’

Zenith PI, 5th September 2019

Source: zenithpi.wordpress.com

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

Posted August 28th, 2019 in anonymity, assault, civil procedure rules, criminal records, damages, false imprisonment, harassment, news, part 36 offers, without prejudice communications by tracey

‘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.’

Litigation Futures, 28th August 2019

Source: www.litigationfutures.com

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

Posted June 27th, 2019 in compensation, demonstrations, false imprisonment, news, police, proscribed organisations, public order by tracey

‘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).’

Daily Telegraph, 27th June 2019

Source: www.telegraph.co.uk

Home Office payout for trafficked man detained in mistaken identity mix-up – The Guardian

Posted June 27th, 2019 in compensation, deportation, detention, false imprisonment, forced labour, immigration, news, trafficking in human beings by tracey

‘Vietnamese national was illegally detained for five months after Home Office refused to accept he was not someone else.’

The Guardian, 27th July 2019

Source: www.theguardian.com

What price freedom? Counting the cost when DoLS goes wrong – UK Human Rights Blog

Posted February 8th, 2019 in damages, deprivation of liberty safeguards, detention, false imprisonment, hospitals, negligence, news by sally

‘Twenty years on from Bournewood, the case that prompted the introduction of DoLS, and as the Mental Capacity Amendment Bill tolls the death knell for DoLS and introduces as their replacement Liberty Protection Safeguards, the High Court (HHJ Coe sitting as a Deputy High Court Judge) has given a sharp reminder of the human and financial cost of what happens when a hospital fails properly to discharge its obligations under the Mental Capacity Act and as a result, falsely imprisons (in a hospital) a patient.’

UK Human Rights Blog, 5th February 2019

Source: ukhumanrightsblog.com

Police win Michael Barrymore wrongful arrest challenge – The Guardian

Posted December 13th, 2018 in appeals, compensation, damages, false imprisonment, murder, news, police, rape, wrongful arrest by tracey

‘Police have won a challenge against a decision that had paved the way for entertainer Michael Barrymore to receive substantial damages over a wrongful arrest he says destroyed his career.’

The Guardian, 12th December 2018

Source: www.theguardian.com

Harassment – when new evidence isn’t – Nearly Legal

Posted October 22nd, 2018 in assault, evidence, false imprisonment, harassment, landlord & tenant, news, video recordings by sally

‘This was Homelets of Bath appeal from first instance judgment against them on Ms T’s claim for harassment under Prevention of Harassment Act 1997 and Protection from Eviction Act 1977, and assault and false imprisonment, with damages to be assessed.’

Nearly Legal, 21st October 2018

Source: nearlylegal.co.uk

UK asylum seekers may have been detained unlawfully, rules court – The Guardian

Posted October 5th, 2018 in appeals, asylum, detention, false imprisonment, immigration, news, time limits by tracey

‘Thousands of people may have been unlawfully held in immigration removal centres in recent years, the court of appeal has ruled.’

The Guardian, 4th October 2018

Source: www.theguardian.com

Home Office to pay damages for detention of immigrant claimant – UK Human Rights Blog

Posted June 18th, 2018 in detention, false imprisonment, government departments, immigration, news by sally

‘The Court of Appeal has upheld an award of damages for false imprisonment in the context of immigration detention. The Court found that an unlawful curfew which required residence at a specific address between specific hours each day and which was backed by the threat of criminal sanctions and electronic tagging gave rise to the tort of false imprisonment.’

UK Human Rights Blog, 18th June 2018

Source: ukhumanrightsblog.com

Man jailed after taking staff hostage at bowling alley – Crown Prosecution Service

Posted March 5th, 2018 in criminal damage, domestic violence, false imprisonment, firearms, offensive weapons, press releases, sentencing by tracey

‘A man who held two members of staff at bowling alley hostage at gun point has been jailed for 12 years today.’

Full press release

Crown Prosecution Service, 2nd March 2018

Source: www.cps.gov.uk

‘Mate Crime’ duo jailed for longer after Solicitor General intervenes in their case – Attorney General’s Office

Posted March 2nd, 2018 in appeals, false imprisonment, press releases, sentencing, wounding by tracey

‘Matthew Ward and Marcus Cullumbine have had their sentences increased after the Solicitor General referred them for being too low.’

Attorney General’s Office, 1st March 2018

Source: www.gov.uk/ago

1
2
3
4
5
6
…
8
»

Categories

Archives