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

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

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

Full Story

The Guardian, 27th July 2019

Source: www.theguardian.com

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

‘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.’

Full Story

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.’

Full Story

The Guardian, 12th December 2018

Source: www.theguardian.com

Harassment – when new evidence isn’t – Nearly Legal

‘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.’

Full Story

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.’

Full Story

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.’

Full Story

UK Human Rights Blog, 18th June 2018

Source: ukhumanrightsblog.com

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

‘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.’

Press release

Attorney General’s Office, 1st March 2018

Source: www.gov.uk/ago