Archive for the 'false imprisonment' Category

Jailed heroin restraint mother Julia Saker loses appeal – BBC News

“A Kent mother who was jailed for tying up her daughter to stop her buying heroin has lost an appeal against her prison sentence.”

Full story

BBC News, 19th April 2011

Source: www.bbc.co.uk

Essex arrest error woman gets pay-out from police – BBC News

“A woman has received compensation from Essex Police after a series of errors led to her being arrested and imprisoned.”

Full story

BBC News, 12th April 2011

Source: www.bbc.co.uk

Richardson v Chief Constable of West Midlands Police – WLR Daily

Richardson v Chief Constable of West Midlands Police [2011] EWHC 773 (QB); [2011] WLR (D) 116

“Before a police officer made an arrest, pursuant to section 24 of the Police and Criminal Evidence Act 1984, he had to consider, in accordance with the requirements of section 24(4), whether arrest was necessary or whether voluntary attendance at a police station would achieve the objective that he wished to secure.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Six people jailed in ‘severed thumb’ case – BBC News

“Six people involved in the abduction, torture and murder of a restaurant worker from Hertfordshire have been jailed.”

Full story

BBC News, 28th March 2011

Source: www.bbc.co.uk

Regina (Lumba (Congo)) v Secretary of State for the Home Department; Same v Same (No 2); Regina (Mighty (Jamaica)) v Same; [On appeal from Regina (WL (Congo)) v Secretary of State for the Home Department] – WLR Daily

Regina (Lumba (Congo)) v Secretary of State for the Home Department; Same v Same (No 2); Regina (Mighty (Jamaica)) v Same; [On appeal from Regina (WL (Congo)) v Secretary of State for the Home Department] [2011] UKSC 12;;  [2011] WLR (D)  100

 “The unlawful exercise by the Secretary of State of the power to detain foreign national prisoners gave rise to a private law action for the tort of false imprisonment without the need for proof of damage on the part of the prisoners, even though it could be demonstrated that they could and would still have been detained if the power had been lawfully exercised. However, in those circumstances the prisoners had suffered no loss or damage and were entitled to no more than nominal damages.”

WLR Daily, 23rd March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Foreign prisoners win £1 over UK false imprisonment – BBC News

“The UK Supreme Court has ruled that the Home Office unlawfully imprisoned two foreign national prisoners in a ‘serious abuse of power’.”

Full story

BBC News, 23rd March 2011

Source: www.bbc.co.uk

Boss forced to pay £13k to compensate stealing employee – Daily Telegraph

“A boss who took an employee he caught stealing to the police station with a sign saying ‘Thief’ around his neck has paid £13,000 after the criminal sued for ‘humiliation’.”

Full story

Daily Telegraph, 15th February 2011

Source: www.telegraph.co.uk

Concern over mother jailed for restraining daughter on drugs – BBC News

“A Kent MP is calling for sentencing guidelines to be reviewed after a mother was jailed for trying to stop her daughter going out to buy heroin.”

Full story

BBC News, 4th February 2011

Source: www.bbc.co.uk

M v Hackney London Borough Council and others – WLR Daily

M v Hackney London Borough Council and others [2011] EWCA Civ 4; [2011] WLR (D) 2

“A hospital trust was entitled to rely upon an application for the admission for treatment of a patient under the Mental Health Act 1983 which appeared to comply with section 6(3) of the Act as being a lawfully made application pursuant to the provisions of the Act. Where such an application, completed by an approved mental health professional (AMHP), had failed to comply with those provisions, the failure rendered the patient’s detention unlawful and imposed the responsibility for the unlawful detention upon the AMHP. The statutory defence in section 139(1), which relieved the AMHP from civil liability unless he or she had acted in bad faith or without reasonable care, would be read down by virtue of section 3 of the Human Rights Act 1998 so as to permit a claim by the detained person for compensation from the AHMP.”

WLR Daily, 17th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Student fees protest: lawyers launch legal challenge to kettling – The Guardian

“Lawyers have launched a legal challenge to the police tactic of kettling during recent student demonstrations, claiming a breach of human rights.”

Full story

The Guardian, 14th December 2010

Source: www.guardian.co.uk

Solicitors sue police for wrongful imprisonment – The Independent

“Three solicitors were today suing police for wrongful imprisonment after falling foul of strict prison regulations.”

Full story

The Independent, 19th October 2010

Source: www.independent.co.uk

Ex MP Nigel Waterson wins damages from Met Police – BBC News

“A former MP who was arrested on suspicion of assaulting his teenage son and daughter has received damages and an apology from the police.”

Full story

BBC News, 24th September 2010

Source: www.bbc.co.uk

Murderer Ronald Cheshire jailed for raping girl in 1980 – BBC News

“A man who raped, kidnapped and falsely imprisoned a teenage girl 30 years ago has been given a nine-year jail term.”

Full story

BBC News, 23rd September 2010

Source: www.bbc.co.uk

Palm print led to arrest of teenage rapist 25 years later, court hears – The Guardian

“A teenager who raped a woman in her home and forced her flatmate to join in the abuse was caught by his palm print 25 years later, a court heard today.”

Full story

The Guardian, 7th September 2010

Source: www.guardian.co.uk

Woman jailed for ‘vicious’ revenge attack – The Independent

“A carer was today sentenced to a total of seven years in prison for her part in a ‘prolonged and vicious’ revenge attack on her husband’s former lover.”

Full story

The Independent, 28th June 2010

Source: www.independent.co.uk

Former Guantánamo detainees set for payouts after winning secrecy appeal – The Guardian

“British residents held at Guantánamo Bay could be offered millions of pounds in compensation for wrongful imprisonment and abuse after the court of appeal today dismissed an attempt by MI5 and MI6 to suppress evidence of alleged complicity in torture.”

Full story

The Guardian, 4th May 2010

Source: www.guardian.co.uk

Guantanamo damages claimants to hear evidence ruling – BBC News

“Six former Guantanamo Bay detainees are to hear if an appeal has succeeded against government use of secret evidence to fight their damages claim.”

Full story

BBC News, 4th May 2010

Source: www.bbc.co.uk

Comedian Mark Thomas wins £1,200 over police search – The Guardian

“Police have paid compensation and apologised to the comedian and activist Mark Thomas after they admitted unlawfully searching him for looking ‘over-confident’ at a demonstration.”

Full story

The Guardian, 19th April 2010

Source: www.guardian.co.uk

Government attempts to keep torture case secret – The Guardian

“The government will attempt today to have a case about torture heard entirely behind closed doors in a move that some lawyers say would extend secrecy to a new area of hearings, overriding ancient principles of English law.”

Full story

The Guardian, 8th March 2010

Source: www.guardian.co.uk

Iqbal v Prison Officers Association – WLR Daily

Iqbal v Prison Officers Association [2009] EWCA Civ 1310; [2009] WLR (D) 355

“A claim for false imprisonment did not lie against prison officers who took unlawful strike action which resulted in a prisoner, who would otherwise have been permitted by the prison governor to leave his cell for the purpose of working, exercise and health care, being confined to his cell.”

WLR Daily, 4th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

‘Anti-slavery laws’ before Lords – BBC News

“The House of Lords is expected to vote later on proposed new laws for England and Wales to deal with what campaigners are calling modern-day slavery.”

Full story

BBC News, 26th October 2009

Source: www.bbc.co.uk

Black youth worker arrested for watching police wins compensation – The Guardian

“A black youth worker arrested and charged for watching at a distance as police detained a teenager at a London railway station is to receive an apology and £22,000 compensation from the British Transport police.”

Full story

The Guardian, 13th October 2009

Source: www.guardian.co.uk

Hunt protesters get police payout – BBC News

“Eleven anti-hunt protesters have been given a total of £38,300 in damages from Derbyshire Police.”

Full story

BBC News, 8th September 2009

Source: www.bbc.co.uk

Two free in roof protester case – BBC News

“Two property developers accused of assaulting and falsely imprisoning a rooftop protester have walked free from Cardiff Crown Court.”

Full story

BBC News, 18th August 2009

Source: www.bbc.co.uk

Falsely jailed man gets £60,000 – The Indepedent

“A High Court judge has condemned the Home Office’s ‘unforgivable’ treatment of a Dutch national falsely imprisoned for 128 days, supposedly in a case of mistaken identity.”

Full story

The Independent, 18th July 2009

Source: www.independent.co.uk

‘Slavery’ mother-in-law is jailed – BBC News

“A 63-year-old woman who imprisoned her three daughters-in-law, treating them as ‘slaves and dogs’, has been jailed for seven years.”

Full story

BBC News, 29th May 2009

Source: www.bbc.co.uk

Video: police pay £85,000 and apologise to arrested protesters – The Guardian

“Scotland Yard has paid £85,000 damages to five people who were arrested, imprisoned for 40 hours and prosecuted after a protest outside a London embassy.”

Full story

The Times, 30th April 2009

Source: www.timesonline.co.uk

Kidnappers detained for 34 years – BBC News

“A gang of kidnappers who held a man for 23 hours have been given jail terms ranging from eight to four years.”

Full story

BBC News, 3rd April 2009

Source: www.bbc.co.uk

Father in court for giving boy a ‘good talking to’ – Daily Telegraph

“A young father was convicted of unlawful imprisonment after he put a young tearaway into his car and gave him a ‘good talking to’.”

Full story

Daily Telegraph, 16th March 2009

Source: www.telegraph.co.uk

Austin v Commissioner of Police of the Metropolis – WLR Daily

Austin v Commissioner of Police of the Metropolis [2009] UKHL 5; [2009] WLR (D) 26

Demonstrators who had been confined within a police cordon for several hours did not suffer a violation of their right to liberty guaranteed by art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms as scheduled to the Human Rights Act 1998 if the cordon was part of the crowd control measures adopted by the police in order to prevent a breach of public order, and the measures were not arbitrary but were resorted to in good faith, were proportionate and were enforced for no longer than was reasonably necessary.”

WLR Daily, 28th January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Austin v Commissioner of Police of the Metropolis – Times Law Reports

Austin v Commissioner of Police of the Metropolis

House of Lords

“Crowd control measures adopted by police in order to prevent a breach of public order, which resulted in several thousand people being confined within a police cordon for several hours, did not amount to a violation of the right to liberty if the measures were used in good faith, were proportionate and were enforced for no longer than was reasonably necessary.”

The Times, 29th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Karen Matthews sentenced to eight years in jail for kidnapping daughter, Shannon – The Times

“Karen Matthews has been sentenced today to eight years in jail for kidnapping and imprisoning her nine-year-old daughter.”

Full story 

The Times, 23rd January

Source: www.timesonline.co.uk

Boy George gets 15 months for falsely imprisoning male escort – The Guardian

“Boy George was today sentenced to 15 months for falsely imprisoning a male escort by handcuffing him to a wall.”

Full story

The Guardian, 16th January 2009

Source: www.guardian.co.uk

Boy George guilty of imprisonment – BBC News

“Singer Boy George has been found guilty of falsely imprisoning a male escort at his flat in east London.”

Full story

BBC News, 5th December 2008

Source: www.bbc.co.uk

Mother guilty over Shannon kidnap – BBC News

“The mother of Shannon Matthews has been found guilty of charges relating to her daughter’s disappearance.”

Full story

BBC News, 4th December 2008

Source: www.bbc.co.uk

Judges reject Met police appeal – The Independent

“The brother of a pilot falsely accused of involvement in the September 11 terror attacks today fought off a police attempt to overturn a ruling that he is entitled to damages arising out of his own arrest.”

Full story

The Independent, 12th November 2008

Source: www.independent.co.uk

Asylum seekers claim £300,000 compensation for wrongful detention – Daily Telegraph

“Six asylum seekers are reportedly claiming £300,000 in compensation for being wrongly detained by immigration officials.”

Full story

Daily Telegraph, 3rd November 2008

Source: www.telegraph.co.uk

Sacked estate agent jailed for torture of former boss – The Times

“An estate agent who kidnapped her former employer and had him tortured for seven hours in revenge for being sacked was jailed for ten years yesterday.”

Full story

The Times, 24th June 2008

Source: www.timesonline.co.uk

Man deported by mistake wins Home Office payout – The Guardian

“The Home Office yesterday agreed to pay an undisclosed sum in an out-of-court settlement with a British citizen of Bangladeshi origin who was deported to Pakistan in error.”

Full story

The Guardian, 10th June 2008

Source: www.guardian.co.uk

Briton sues over deportation as failed asylum seeker – The Guardian

“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.”

Full story

The Guardian, 7th June 2008

Source: www.guardian.co.uk

Algerian demands ‘long-awaited’ apology from Jack Straw over arrest – The Times

“The Ministry of Justice has been refused permission to appeal against a ruling that it should compensate an Algerian man wrongly jailed for five months on suspicion of training one of the September 11 hijackers.”

Full story

The Times, 22nd May 2008

Source: www.timesonline.co.uk

Shed torture trio release by 2011 – BBC News

“Three people who imprisoned and tortured a man in the Forest of Dean are to be released after serving half of their sentences.”

Full story

BBC News, 29th April 2008

Source: www.bbc.co.uk

Woman who lured ‘healer’ jailed – BBC News

“A woman who lured a faith healer back to Luton, where he was later murdered, has been jailed for two years.”

Full story

BBC News, 24th April 2008

Source: www.bbc.co.uk

Dunn v Parole Board – WLR Daily

Dunn v Parole Board [2008] EWCA Civ 374; [2008] WLR (D) 110

“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

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (SK) (Zimbabwe) v Secretary of State for the Home Department – Times Law Reports

Regina (SK) (Zimbabwe) v Secretary of State for the Home Department

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

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Youth’s appeal clears way for thousands to sue police – The Guardian

“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.”

Full story

The Guardian, 6th February 2008

Source: www.guardian.co.uk

Activists who handcuffed Hodge cleared – The Guardian

“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.”

Full story

The Guardian, 4th October 2007

Source: www.guardian.co.uk


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