“A 30-year-old British citizen with schizophrenia was taken into custody and flown by immigration officers to a foreign country where he had no connections and was allegedly beaten up because he could not speak the language and could not make himself heard.”
The Guardian, 7th June 2008
“In the context of CPR Pt 11, the limitation provisions within s 7(5) of the Human Rights Act 1998 provided a defence to a claim rather than going to jurisdiction, so that a failure to apply to strike out within 14 days of acknowledging service did not preclude a defendant from applying to strike out a claim on the basis of limitation.
The Court of Appeal so stated when dismissing the appeal of the claimant, Peter Dunn, from a decision of Judge Darroch, sitting in the Norwich County Court on 29 March 2007, striking out his claims against the defendant, The Parole Board, under the Human Rights Act 1998 and for false imprisonment arising out of his detention after recall to prison from that part of his sentence he was serving on licence in the community. There had been delay in the management of the case by the defendant. The grounds of appeal were that: (i) the court should have determined under CPR Pt 11 that the filing of an acknowledgment of service by the defendant precluded it from arguing the issue of limitation under s7(5) of the 1998 Act; (ii) the judge erred in finding that the claim for false imprisonment had no real prospect of success; (iii) the case was appropriate for the court to extend the period for bringing the claim under s7(5) of the 1998 Act.”
WLR Daily, 17th April 2008
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Queen’s Bench Division
“A failed asylum-seeker awaiting deportation whose detention had not been properly reviewed had been deprived of safeguards prescribed by law and was entitled to damages for false imprisonment. His detention had been arbitrary and unlawful and contrary to the right to liberty enshrined in article 5 of the European Convention on Human Rights.”
The Times, 26th February 2008
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“The court of appeal opened the way yesterday for thousands of suspects to claim damages for false imprisonment if they were kept waiting in a police station pending a Crown Prosecution Service decision on what offence to charge them with.”
The Guardian, 6th February 2008
“Two fathers’ rights campaigners who handcuffed former children’s minister Margaret Hodge during a protest were cleared yesterday of false imprisonment. Fathers4Justice activists Jonathan Stanesby, 41, and Jason Hatch, 35, shackled the MP for Barking during a family law conference at the Lowry hotel in Salford in 2004.”
The Guardian, 4th October 2007