LAW OF TORT

TORTS AFFECTING THE PERSON

FALSE IMPRISONMENT

DEFINITION AND ELEMENTS REQUIRED TO ESTABLISH LIABILITY

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

INTRODUCTION TO FALSE IMPRISONMENT

Definition

• False imprisonment is a trespass tort that protects an individual’s freedom of movement.

• It occurs when a person is unlawfully and completely deprived of their freedom of movement.

• Physical force is not required.

• Physical barriers are not required.

• The essence of the tort is unlawful total restraint.

Examination Definition

False imprisonment may be defined as:

The unlawful and complete restriction of a person’s freedom of movement without lawful justification.

Purpose Of The Tort

The tort protects:

• Personal liberty.

• Freedom of movement.

• Personal autonomy.

• Freedom from arbitrary detention.

Importance

• One of the most important torts affecting the person.

• Closely linked to fundamental human rights.

• Protects one of the most basic freedoms recognised by English law.

NATURE OF FALSE IMPRISONMENT

Trespass Tort

• False imprisonment belongs to the family of trespass torts.

• Alongside:

• Assault.

• Battery.

• Trespass to land.

Actionable Per Se

• No proof of damage required.

• No proof of injury required.

• No proof of financial loss required.

Why?

• The interference with liberty itself is considered sufficient harm.

KEY ELEMENTS OF FALSE IMPRISONMENT

To establish liability, the claimant must prove:

Element 1

• Complete restriction of freedom of movement.

Element 2

• Restriction must be direct.

Element 3

• Restriction must be intentional or voluntary.

Element 4

• Restriction must be unlawful.

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

ELEMENT 1

COMPLETE RESTRICTION OF FREEDOM OF MOVEMENT

General Rule

• The restraint must be total.

• Partial restriction is insufficient.

Meaning

The claimant must be prevented from leaving a particular area in every direction.

Key Principle

Total Restraint Required

• No reasonable means of escape must exist.

Partial Obstruction Not Enough

• Merely making movement difficult is insufficient.

LEADING CASE

Bird v Jones

Facts

• Defendant blocked part of a bridge.

• Claimant prevented from travelling in one direction.

• Other routes remained available.

Decision

• No false imprisonment.

Principle

• Partial obstruction does not amount to imprisonment.

Significance

• Leading authority on complete restraint.

RULE FROM BIRD v JONES

Complete Restraint

• False imprisonment.

Partial Restraint

• No false imprisonment.

EXAMPLES OF COMPLETE RESTRAINT

Locked Room

• Complete restraint.

Locked Building

• Complete restraint.

Locked Vehicle

• Complete restraint.

Guard Blocking Only Exit

• Complete restraint.

EXAMPLES OF PARTIAL RESTRAINT

One Road Blocked

• Not false imprisonment.

Alternative Exit Available

• Not false imprisonment.

Restricted Route Only

• Not false imprisonment.

REASONABLE MEANS OF ESCAPE

General Rule

If a reasonable means of escape exists:

• False imprisonment usually does not occur.

Escape Must Be Reasonable

Court Considers

• Safety.

• Practicality.

• Dignity.

Important Point

Claimant need not:

• Risk injury.

• Risk humiliation.

• Undertake dangerous escape.

LEADING CASE

Robinson v Balmain New Ferry Co Ltd

Facts

• Claimant entered ferry terminal.

• Attempted to leave without paying required fee.

• Refused exit until payment made.

Decision

• No false imprisonment.

Principle

• Reasonable means of exit existed.

Significance

• Important authority on lawful restrictions.

ELEMENT 2

DIRECT RESTRICTION

General Rule

• Restriction must be directly imposed by defendant.

Meaning

• Defendant’s actions must directly cause detention.

Examples

Locking Door

• Direct restraint.

Holding Person

• Direct restraint.

Standing In Exit

• Direct restraint.

Locking Gate

• Direct restraint.

Comparison With Negligence

False Imprisonment

• Direct interference.

Negligence

• Usually indirect harm.

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

METHODS OF FALSE IMPRISONMENT

PHYSICAL BARRIERS

Examples

Locked Doors

Locked Gates

Locked Rooms

Locked Vehicles

Most Common Method

• Physical confinement.

PHYSICAL FORCE

Examples

Holding Person

Grabbing Person

Preventing Movement

Effect

• May amount to false imprisonment.

THREATS

General Rule

• Physical barriers unnecessary.

• Threats may create imprisonment.

Examples

Threat Of Violence

• Prevents departure.

Threat Of Immediate Harm

• Prevents movement.

Importance

• Psychological restraint sufficient.

AUTHORITY

R v Governor of Brockhill Prison ex parte Evans

Principle

• False imprisonment can occur through unlawful detention without physical force.

Significance

• Modern authority.

OMISSION

General Rule

• Failure to release a person may amount to false imprisonment.

Example

Prisoner Kept Beyond Release Date

• False imprisonment.

Authority

R v Governor of Brockhill Prison ex parte Evans

ELEMENT 3

INTENTION OR VOLUNTARY ACT

General Rule

• Defendant must intentionally or voluntarily impose restraint.

Requirement

• Defendant must intend the act causing confinement.

Important Point

• Defendant need not intend wrongdoing.

• Defendant need not know conduct is unlawful.

Examination Rule

Intentional Confinement

• Sufficient.

Accidental Confinement

• Usually insufficient.

ELEMENT 4

UNLAWFUL RESTRAINT

General Rule

• Restriction must lack lawful authority.

Meaning

• No legal justification exists.

If Lawful Authority Exists

• No false imprisonment.

Examples Of Lawful Authority

Lawful Arrest

Court Orders

Statutory Powers

Mental Health Detention

Immigration Detention

LEADING CASE

Herd v Weardale Steel Coal and Coke Co Ltd

Facts

• Miner wanted to leave work early.

• Employer refused immediate exit.

Decision

• No false imprisonment.

Principle

• Lawful contractual restrictions may prevent liability.

Significance

• Important authority.

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

IS AWARENESS REQUIRED?

HISTORICAL UNCERTAINTY

Traditional View

• Some authorities suggested awareness necessary.

MODERN POSITION

Awareness Is Not Essential

Leading Case

Murray v Ministry of Defence

Principle

• Awareness helpful but not essential.

Significance

• Important modern authority.

FURTHER AUTHORITY

Meering v Grahame-White Aviation Co Ltd

Facts

• Claimant detained without knowing guards were stationed nearby.

Decision

• False imprisonment established.

Principle

• Awareness not required.

Significance

• Leading authority.

ACTIONABLE PER SE

Meaning

• Damage need not be proven.

Consequences

Claimant need not prove:

• Physical injury.

• Psychiatric injury.

• Financial loss.

Why?

• Loss of liberty itself is actionable.

COMPARISON WITH OTHER TORTS

DEFENCES

Lawful Authority

Examples

• Valid arrest.

• Court order.

• Statutory powers.

Consent

Examples

• Voluntary confinement.

• Agreed restrictions.

Necessity

Examples

• Emergency situations.

• Public safety situations.

AO2 APPLICATION

Step 1

• Identify restraint.

Step 2

• Determine whether restraint is total.

Step 3

• Consider availability of escape.

Step 4

• Determine whether restraint is direct.

Step 5

• Consider intention.

Step 6

• Consider lawful authority.

Step 7

• Reach conclusion.

AO3 EVALUATION

Strengths

Strong Protection

• Protects personal liberty.

Actionable Per Se

• No proof of damage required.

Flexible

• Covers physical and psychological restraint.

Criticisms

Total Restraint Rule

• May exclude deserving claimants.

Complex Borderline Cases

• Difficult distinction between total and partial restraint.

EXAM QUICK REVISION SHEET

Definition

• Unlawful and complete restriction of freedom of movement.

Essential Elements

Complete Restraint

• Bird v Jones

Reasonable Means Of Escape

• Robinson v Balmain New Ferry Co Ltd

Awareness Not Essential

• Meering v Grahame-White Aviation Co Ltd

Modern Authority

• Murray v Ministry of Defence

Unlawful Detention

• R v Governor of Brockhill Prison ex parte Evans

Lawful Restrictions

• Herd v Weardale Steel Coal and Coke Co Ltd

Examination Formula

Complete Restraint

Direct Restriction

Intention

Absence Of Lawful Authority

=

False Imprisonment

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.