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 because the claim concerned an unlawful curfew period of

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

False imprisonment: common ground?

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

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

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

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS

Read All

NLJ this week: Property cases reshape established principles

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land

NLJ this week: Stress ruling raises the bar for employers

Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee

NLJ this week: Can Manchesterism revive access to justice?

Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE

NLJ this week: Constitutional conventions tested as power changes hands

The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition

NLJ this week: Lawyers must become product designers

The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London

Error message

False imprisonment: common ground?

IN BRIEF

Appeal

IN BRIEF

Appeal

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gibson Dunn—Richard Surtees

Laytons ETL—Alec Cameron