LAW OF TORT

TORTS AFFECTING THE PERSON

FALSE IMPRISONMENT

REQUIREMENTS OF TOTAL RESTRAINT AND KNOWLEDGE OF RESTRAINT; LAWFUL RESTRAINT

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

Definition Of False Imprisonment

• False imprisonment occurs where the defendant unlawfully and completely restricts the claimant’s freedom of movement.

• It is a trespass tort.

• It protects personal liberty.

• It is actionable per se.

Examination Focus

This topic focuses on three key issues:

Requirement 1

• Total restraint.

Requirement 2

• Knowledge (awareness) of restraint.

Requirement 3

• Lawful restraint.

REQUIREMENT OF TOTAL RESTRAINT

GENERAL RULE

Complete Restriction Required

• False imprisonment requires total restraint.

• Partial restraint is insufficient.

• The claimant must be prevented from leaving in every direction.

Key Principle

The law protects:

• Freedom of movement.

Not:

• Freedom to move in a particular direction.

Examination Rule

Total Restriction

• False imprisonment.

Partial Restriction

• No false imprisonment.

LEADING CASE

Bird v Jones

Facts

• Defendant enclosed part of a public bridge.

• Claimant wished to pass through.

• Claimant was prevented from proceeding in one direction.

• Alternative routes remained available.

Decision

• No false imprisonment.

Principle

• Restriction must be total.

• Partial obstruction is insufficient.

Significance

• Leading authority on total restraint.

• Essential examination case.

RULE FROM BIRD v JONES

No Complete Confinement

Result

• No false imprisonment.

Some Freedom Of Movement Remains

Result

• No false imprisonment.

All Means Of Escape Prevented

Result

• False imprisonment.

EXAMPLES OF TOTAL RESTRAINT

Locked Room

• Total restraint.

Locked Building

• Total restraint.

Locked Vehicle

• Total restraint.

Prison Cell

• Total restraint.

Security Guard Blocking Only Exit

• Total restraint.

EXAMPLES OF PARTIAL RESTRAINT

One Road Closed

• Not false imprisonment.

One Exit Closed But Another Open

• Not false imprisonment.

Restriction To Certain Areas

• Usually not false imprisonment.

REASONABLE MEANS OF ESCAPE

GENERAL RULE

If A Reasonable Means Of Escape Exists

• There is no total restraint.

Important Point

Escape must be:

• Safe.

• Practical.

• Reasonable.

Claimant Need Not

• Risk injury.

• Risk humiliation.

• Risk danger.

• Undertake extreme efforts.

EXAMPLES

Climbing Dangerous Wall

• Not reasonable escape.

Jumping From Window

• Not reasonable escape.

Swimming Across River

• Not reasonable escape.

Open Door Nearby

• Reasonable escape.

LEADING CASE

Robinson v Balmain New Ferry Co Ltd

Facts

• Claimant entered ferry terminal.

• Wanted to leave without paying required fee.

• Defendant refused exit until fee paid.

Decision

• No false imprisonment.

Principle

• Reasonable means of exit existed.

Significance

• Important authority concerning total restraint.

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 TOTAL RESTRAINT

PHYSICAL BARRIERS

Examples

Locked Doors

Locked Gates

Locked Rooms

Locked Buildings

Most Common Form

• Physical confinement.

PHYSICAL FORCE

Examples

Holding Someone

Grabbing Someone

Blocking Exit

Restraining Movement

THREATS

General Rule

Physical barriers are unnecessary.

Threats May Create Total Restraint

Examples

• Threat of immediate violence.

• Threat with weapon.

• Threat of serious injury.

Principle

• Psychological restraint may be sufficient.

LEADING CASE

R v Governor of Brockhill Prison ex parte Evans

Principle

• Physical barriers not essential.

• Unlawful detention sufficient.

KNOWLEDGE OF RESTRAINT

HISTORICAL DEBATE

Traditional View

Some early authorities suggested:

• Claimant must know they are being restrained.

Question

Can false imprisonment exist if claimant is unaware of confinement?

MODERN POSITION

KNOWLEDGE IS NOT ESSENTIAL

Current Law

• Awareness is not a necessary element.

• The tort may occur even where claimant is unaware at the time.

LEADING CASE

Meering v Grahame-White Aviation Co Ltd

Facts

• Claimant suspected of theft.

• Security personnel stationed outside room.

• Claimant unaware guards were preventing departure.

Decision

• False imprisonment established.

Principle

• Awareness of restraint not required.

Significance

• Leading authority.

• Frequently examined.

WHY WAS LIABILITY FOUND?

Court Reasoning

• Claimant was actually restrained.

• Lack of awareness did not remove restraint.

• Liberty had still been taken away.

EXAMINATION RULE

Awareness Present

• False imprisonment possible.

Awareness Absent

• False imprisonment still possible.

FURTHER AUTHORITY

Murray v Ministry of Defence

Facts

• Claimant detained by soldiers.

Principle

• Awareness helpful but not essential.

Significance

• Confirms modern approach.

EFFECT OF AWARENESS

Although Not Essential

Awareness may affect:

Damages

• Greater compensation possible.

Psychiatric Harm

• Easier to prove.

Distress

• More significant loss.

Important Distinction

Liability

• Awareness unnecessary.

Damages

• Awareness may increase compensation.

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.

LAWFUL RESTRAINT

GENERAL PRINCIPLE

Not Every Detention Is False Imprisonment

• Restriction must be unlawful.

• Lawful restraint defeats liability.

Examination Rule

Lawful Authority Exists

• No false imprisonment.

No Lawful Authority

• False imprisonment possible.

SOURCES OF LAWFUL AUTHORITY

POLICE POWERS

General Rule

Police may detain individuals where authorised by law.

Examples

Lawful Arrest

Criminal Investigations

Statutory Powers

Effect

• No false imprisonment.

COURT ORDERS

Examples

Imprisonment

Remand

Detention Orders

Effect

• Lawful restraint.

STATUTORY POWERS

Examples

Immigration Detention

Mental Health Detention

Prison Detention

Effect

• Lawful restraint.

CONTRACTUAL RESTRAINT

General Rule

Certain restrictions may arise through agreement.

LEADING CASE

Herd v Weardale Steel Coal and Coke Co Ltd

Facts

• Miner entered mine voluntarily.

• Wanted immediate exit before shift ended.

• Employer refused.

Decision

• No false imprisonment.

Principle

• Restriction may be lawful where claimant voluntarily accepted conditions.

Significance

• Important authority on lawful restraint.

CONSENT AND RESTRAINT

General Rule

A person may voluntarily agree to restrictions.

Examples

Sports Activities

Security Procedures

Voluntary Treatment

Voluntary Confinement

Effect

• Restraint becomes lawful.

NECESSITY

General Rule

Emergency situations may justify restraint.

Examples

Preventing Serious Injury

Medical Emergency

Public Safety Situations

Effect

• Defence available.

EXCESSIVE OR UNLAWFUL DETENTION

Important Principle

Even where detention initially lawful:

• Continued detention may become unlawful.

Example

Prisoner Held Beyond Release Date

• False imprisonment.

Authority

R v Governor of Brockhill Prison ex parte Evans

Principle

• Continued unlawful detention creates liability.

Significance

• Important modern 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.

COMPARISON TABLE

AO2 APPLICATION

Step 1

• Identify restraint.

Step 2

• Determine whether restraint is total.

Step 3

• Assess possible means of escape.

Step 4

• Determine whether escape was reasonable.

Step 5

• Consider claimant’s awareness.

Step 6

• Identify any lawful authority.

Step 7

• Reach conclusion.

AO3 EVALUATION

Strengths Of Current Law

Strong Protection

• Protects personal liberty.

Flexible

• Covers physical and psychological restraint.

Awareness Rule

• Protects individuals even where they do not realise they are confined.

Criticisms

Strict Total Restraint Requirement

• May exclude deserving claimants.

Difficult Borderline Cases

• Distinguishing total and partial restraint can be challenging.

Complex Lawful Authority Rules

• Numerous statutory exceptions exist.

EXAM QUICK REVISION SHEET

Total Restraint

Required

• Bird v Jones

Reasonable Means Of Escape

• Robinson v Balmain New Ferry Co Ltd

Knowledge Of Restraint

Not Essential

• Meering v Grahame-White Aviation Co Ltd

Confirmed

• Murray v Ministry of Defence

Lawful Restraint

Contractual Authority

• Herd v Weardale Steel Coal and Coke Co Ltd

Unlawful Continued Detention

• R v Governor of Brockhill Prison ex parte Evans

Examination Formula

Total Restraint

No Reasonable Escape

No 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.