False Imprisonment Flashcards
What is False Imprisonment
The unlawful deprivation of the claimants right to free movement
What are the two elements
The complete restriction of the claimants freedom of movement
Without legal authorisation
Would the mere blocking of a route suffice?
No, it is essential that the defendants conduct wholly confines the claimant, mere blocking of a route will not amount
Bird v Jones
Complete restriction - What is the case
R (Jalloh) v S.S. for the Home Department
Forced to wear an electronic bracelet without actual legal authorisation, this was inprisonment
Baroness Hale on Methods of imprisonment
Methods could include ‘physical barriers’ or ‘physical people’ or ‘threats’ or ‘force of legal proceedings’ - Non exhaustive list
R (Jalloh)
What is the duration needed for imprisonment
Duration can be so short it is almost trivial, but this does not render that lawful which was unlawful
Tomlinson LJ - Walker v Commissioner of the Police of Metropolis
How is a short duration of imprisonment reflected in the outcome of the case
Reduction in damages, in Walker, momentary imprisonment resulted in £1 in damages
Confinement as a positive act
Needs to be a positive act, omission is not enough
Iqbal v Prison Officers Association
What if the person is unaware of their imprisonment
The lack of evidence of their ability to leave will not negate the imprisonment
Meering v Graham-White Aviation Co. Ltd
Volenti non fi injuria
Heard v Weadale Steel
There will be no FI if a person consents to being confined under certain conditions
