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13 January 2011
Issue: 7448 / Categories: Case law , Law digest
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False imprisonment

Stellato v Ministry of Justice [2010] EWCA Civ 1435, [2010] All ER (D) 171 (Dec)

In principle, a grant of bail was not an order for the detention of the person to whom it was granted. To the contrary, it was a grant of liberty to someone who would otherwise be detained.

The legal justification for his detention was to be found elsewhere: in the case of a person suspected of crime, in the powers of arrest of a constable under a warrant issued by a magistrates court, or without a warrant, and powers to remand pending trial or further hearing. Similarly, there was statutory authority for detention in immigration cases. A grant of bail might be conditional or unconditional. A condition of bail did not impose an obligation on the person granted bail. It was a true condition. It qualified the grant of liberty made by the grant of bail. If the person granted bail did not comply with the conditions of his bail, he was liable to be returned to custody.

If so, the legal

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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