False Imprisonment Flashcards
What is False Imprisonment?
Complete restriction of the claimants freedom of movement without lawful justification
What happened in the case of R v Governor of Brockhill Priosn, ex parte Evans (No.2) (2001)?
Hint: Long Detainment
Claimant was detained for a longer period than he was supposed to be and the courts held the claim was vaild that that the period of detainment was false imprisonment
What happened in Bird v Jones (1845)
Boat race was being held on the river Thames in London and the Defendant fenced off part of the bridge and charged people to sit and watch the race. The claimant was on his usual walk and decided to climb over the fence to pass but was stopped by the defendants servants.
The courts held it was not false imprisonment as he could have reasonably taken another route
What happened in the case of Meering v Graham-White Aviation Co Ltd (1919)
Claimant was an employee of the defendant who suspected him of stealing. The defendant requested the claimant come to his office for a discussion but unbeknownst to the claimant there were security stationed outside with the express orders not to let him to leave
The courts held that the tort is committed even if the claimant is unaware and as such the defendant was liable.
What happened in the case of Robinson v Balmain New Ferry Company Ltd (1910)?
Claimant paid to enter a ferry but then changed his mind and wanted to lave through the turnstile but was asked to pay again to leave.
The courts held that the claimant did not have a case for false imprisonment as he had consented to the condition that you have to pay to go through the turnstile either way
What happened in the case of Herd v Weardale Steel, Coal and Coke Co Ltd (1915)
Claimant was a coal miner who asked to be brought up from the pit before the end of his shift as he felt unsafe and he was refused by his employer.
The courts held there was
What happened in the case of Herd v Weardale Steel, Coal and Coke Co Ltd (1915)
Claimant was a coal miner who asked to be brought up from the pit before the end of his shift as he felt unsafe and he was refused by his employer.
The courts held there was
