26 February 2020 / Philip Rule

Issue: 7876 / Categories: Features , Public , Human rights , Criminal

False imprisonment: common ground?

Barrister Philip Rule examines the relationship between false imprisonment & Article 5 of the European Convention on Human Rights

IN BRIEF

Common law rights: alive and functioning.
Unlawful imprisonment at common law not limited to occasions of a deprivation of liberty in Art 5 of the European Convention on Human Rights.

On 12 February 2020 Lady Hale delivered the unanimous judgment of the Supreme Court in R (on the application of Jalloh (formerly Jollah)) v Secretary of State for the Home Department [2020] UKSC 4, [2020] All ER (D) 56 (Feb).

The particularly interesting legal question was whether imprisonment in tort law ought to be aligned with the concept of deprivation of liberty (distinct from a, lesser, restriction of liberty) in the jurisprudence of Art 5 of the European Convention on Human Rights (the Convention).

Appeal

The secretary of state appealed against the claim which had succeeded below (leading to damages in the sum of £4000) and argued that the two concepts should be aligned. She did so

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False imprisonment: common ground?

Barrister Philip Rule examines the relationship between false imprisonment & Article 5 of the European Convention on Human Rights

IN BRIEF

Common law rights: alive and functioning.
Unlawful imprisonment at common law not limited to occasions of a deprivation of liberty in Art 5 of the European Convention on Human Rights.

Appeal

The secretary of state appealed against the claim which had succeeded below (leading to damages in the sum of £4000) and argued that the two concepts should be aligned. She did so

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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False imprisonment: common ground?

IN BRIEF

Appeal

IN BRIEF

Appeal

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Morgan Lewis—David A. McManus

Burges Salmon—Rebecca Wilsker