‘The Crown Prosecution Service (CPS) has considered a file of evidence from the Metropolitan Police relating to one suspect in connection with allegations made concerning the movement and alleged ill treatment of Abdel Hakim Belhadj and his wife, Fatima Boudchar, and Sami Al Saadi and his wife and children from countries in South East Asia to Libya in 2004.’
CPS News Brief, 9th June 2016
Source: http://blog.cps.gov.uk
‘In the first judgment of its kind since the suspension of the Detained Fast Track on 2 July 2015, the High Court struck down the Home Secretary’s refusal and certification of an asylum claim which was made in the structurally unfair and unjust Detained Fast Track (DFT) and ordered the Home Secretary to remake the decision afresh without regard to material obtained in the unfair process. The case is R (on the application of Zafar) v The Secretary of State for the Home Department [2016] EWHC 1217 (Admin).’
Free Movement, 25th May 2016
Source: www.freemovement.org.uk
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
‘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.’
Free Movement, 30th March 2016
Source: www.freemovement.org.uk
‘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.’
The Guardian, 29th January 2016
Source: www.guardian.co.uk
‘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.’
Legal Voice, 27th January 2016
Source: www.legalvoice.org.uk
‘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.’
BBC News, 4th December 2015
Source: www.bbc.co.uk
‘There was “no realistic prospect” of convicting eight police officers involved in the Lynette White murder investigation, the High Court has heard.’
BBC News, 11th November 2015
Source: www.bbc.co.uk
‘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.’
The Guardian, 22nd May 2015
Source: www.guardian.co.uk
‘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.’
BBC News, 18th May 2015
Source: www.bbc.co.uk
‘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.’
The Guardian, 28th April 2015
Source: www.guardian.co.uk
‘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.’
The Guardian, 15th April 2015
Source: www.guardian.co.uk
‘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.’
Law Society’s Gazette, 2nd March 2015
Source: www.lawgazette.co.uk
‘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.’
UK Human Rights Blog, 27th February 2015
Source: www.ukhumanrightsblog.com
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
‘A mentally disordered patient unlawfully detained in hospital for 442 days has lost an appeal over the level of damages he should be awarded.’
Local Government Lawyer, 17th February 2015
Source: www.localgovernmentlawyer.co.uk
‘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.’
UK Human Rights Blog, 29th January 2015
Source: www.ukhumanrightsblog.com
‘A kidnap gang who cut off a man’s finger to get a £20,000 ransom have been jailed.’
BBC News, 26th January 2015
Source: www.bbc.co.uk
‘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.’
The Guardian, 11th December 2014
Source: www.guardian.co.uk
‘Proposed amendments to child abduction legislation will have a far-reaching impact on family law, write Joanna Farrands and Helen Habershon.’
Law Society’s Gazette, 1st December 2014
Source: www.lawgazette.co.uk
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