False Imprisonment

Trespass to t he Perso

7 cards   |   Total Attempts: 182
  

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Cards In This Set

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Lord Justice Goff defines fales imprisonment as involving the "...unlawful imposition of constraint on another's freedome of movement from a particular place."
Collins v. Wilcock (1984)
The prison governor miscalculated a prisoners release so she was held for longer than she should have been.Even though the governor didn't intend to hold her for longer than the lawful duration the C's claim was successful.
R v. Governor of Brockhill Prison, ex parte Evans (No 2) (2001)
It's not fales imprisonment if the C can go back they way teh claim. To be actionable there must be a complete restriction of movement and no reasonable means of escape.
Bird v. Johns (1845)
It is not necessary to show that the claimant knew of their imprisonment, nor that they had suffered from the knowledge of imprisonment.
Meering v. Grahame-White Aviation (1920)
The HoL held that D was not liable for false imprisonment because C had voluntarily entered the mine to work.
Herd v. Weardale Steel, Coke and Coal Co Ltd (1915)
HoL decision which affirms Meering v. Grahame-White Aviation (1920)
R v. Bournewood Mental Health Trust (ex parte L) (1999)
HoL hold that a defence is if it is authorised by statutory authority.
R v. Deputy Governor of Parkhurst Prison, ex parte Hague (1992)