new false imprisonment

Question 1

case: intentional confinment

Answer 1

r v governer of brockhill prison

courts found that confinement must be intentional and deliberate
(shows doesnt need to be intentionally unlwaful, as long as its unlwaful and D intended torestrict freedom of movement)

Question 2

case: complete restraint of movement

Answer 2

bird v jones

in this case, the court rules that false imprisonment involves a complete restriction of movement

Question 3

case: against a persons will

Answer 3

R v Governor of Brockhill prison
the courts recognised even lawful detention could be considered false imprisonment if there was an abuse of power, or the confinement was unjustified.

here, the cclaimant won for false imprisonment, even if D had no intention to unwalfully confine her, she was still held aganist her will

Question 4

case: awarness of confinment and must be a positive intentional act

Answer 4

iqbal v prison officers association

1. court said False imprisonment requires a positive act (NOT ommision) and intention to confine.
2. court said the claimant MUST be aware of their confinement.

In this case, Iqbal was aware of his confinement, but the lack of intentional confinement by the officers due to industrial action led to the dismissal of the false imprisonment claim.

Question 5

case: lawfulness and justification

Answer 5

Herd v Weardale steel coal and coke Company

the court considered whether consent or necessity justified the confiment.

Mr herd voluntary entered down the mine under agreed conditions. his consent to these conditions and the necessity for the company to manage its operations safely justify the refusal to bring him up early. so, it was lawful and justified.

Question 6

individuals who lack the capacity to make specific decisions for themselves

Answer 6

the mental capacity act 2005

1. must be in their best intrests (person deciding on their behalf)
2. any decision taken must be the least restrictive of their rights and freedoms.

Question 7

two requirements for an actionable claim of false imprisonment

Answer 7

CONFINEMENT MUST BE INTENTIONAL AND UNLAWFUL

Question 8

ingredients to false imprisonment claim

Answer 8

1. unlawful in nature
2. intentional constraint
3. direct (positive action)
4. COMPLETE restraint on freddom of movement
5. against their will
6. C’s knowledge and awarness of contraint

Question 9

false imprisonment def

Answer 9

The intentional and direct imposition of unlawful constraint on a person’s freedom of movement from a particular place.