‘A woman has been found guilty of luring a professional gambler into bringing her to his flat, where he was kicked to death for the sake of his winnings.’
The Guardian, 15th April 2015
Source: www.guardian.co.uk
‘The recent case of Laporte v The Commissioner for the Police of the Metropolis [2015] EWHC 371 (QB), which came before Turner J (pictured), reinforced the pro-ADR stance of courts and the obligation on parties to seriously consider and engage with ADR processes. Although the case also dealt with indemnity costs, this article specifically focuses upon ADR.’
Law Society’s Gazette, 2nd March 2015
Source: www.lawgazette.co.uk
‘In a recent judgment, the Court of Appeal held that where a criminal suspect is remanded in custody, Article 5 of the Convention requires the police to notify the court as soon as possible if there is no longer a reasonable basis for suspecting them. It also held that the police and CPS must aid the court in observing its duty to show ‘special diligence’ in managing a suspect’s detention, by investigating the case conscientiously and by promptly bringing relevant material to the court’s attention.’
UK Human Rights Blog, 27th February 2015
Source: www.ukhumanrightsblog.com
Zenati v Commissioner of Police of the Metropolis and another [2015] EWCA Civ 80; [2015] WLR (D) 74
‘The detention of a person, which was initiated and continued for the purpose of bringing that person, reasonably suspected of having committed an offence, before a court from time to time as might be necessary, was lawful, under article 5.1(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms, since by article 5.3 a person so detained was required not only to be brought before a court, but also to be tried within a reasonable time. That meant that he might be detained until trial provided that the trial took place within a reasonable time, and he was detained in accordance with article 5.1(c) until the date of trial. The persistence of reasonable suspicion was a condition for the lawfulness of continuing detention. It had to be implicit in article 5.1(c) and 5.3 that the investigating/prosecuting authorities were required to bring the relevant facts to the court’s attention as soon as possible, so that it might review the situation and order the person’s release if it were satisfied that there were no longer any grounds for the continuing detention. The article provided a right to compensation in the event of its breach in article 5.5, so that there was no compelling need to establish that such breach resulted in liability for the tort of false imprisonment.’
WLR Daily, 11th February 2015
Source: www.iclr.co.uk
‘A mentally disordered patient unlawfully detained in hospital for 442 days has lost an appeal over the level of damages he should be awarded.’
Local Government Lawyer, 17th February 2015
Source: www.localgovernmentlawyer.co.uk
‘With a significant backlog of care home cases in the Court of Protection, P’s case runs the risk of becoming something of a precedent on the question of damages for unlawful detention. However, as far as calculation of damages goes, it is light on analysis of principle. This post seeks to explore whether the considerable case law that has developed on damages for false imprisonment in other situations may help illuminate what this type of case is worth.’
UK Human Rights Blog, 29th January 2015
Source: www.ukhumanrightsblog.com
‘A kidnap gang who cut off a man’s finger to get a £20,000 ransom have been jailed.’
BBC News, 26th January 2015
Source: www.bbc.co.uk
‘A Maoist activist accused of keeping three women in domestic servitude for 30 years has been charged with 25 offences including rape and child cruelty.’
The Guardian, 11th December 2014
Source: www.guardian.co.uk
‘Proposed amendments to child abduction legislation will have a far-reaching impact on family law, write Joanna Farrands and Helen Habershon.’
Law Society’s Gazette, 1st December 2014
Source: www.lawgazette.co.uk
‘A report recommending reforms to the law relating to kidnapping, false imprisonment and child abduction.’
Law Commission, 20th November 2014
Source: www.justice.gov.uk/lawcommission
‘A man found guilty of attempting to murder two trainee nurses who were stabbed, doused with petrol and almost set on fire has been jailed for life.’
BBC News, 11th November 2014
Source: www.bbc.co.uk
‘The Metropolitan police has agreed to pay £120,000 in damages in an alleged race-discrimination case where seven officers were accused of assaulting a black motorist.’
The Guardian, 18th September 2014
Source: www.guardian.co.uk
Walker v Commissioner of Police of the Metropolis: [2014] EWCA Civ 897; [2014] WLR (D) 289
‘The triviality of a person’s detention by a police officer who was not exercising the power of arrest did not prevent that detention from being unlawful and amounting to false imprisonment.’
WLR Daily, 1st July 2014
Source: www.iclr.co.uk
‘Court of Appeal said ‘aggressive and truculent’ man’s initial detention was unlawful and amounted to false imprisonment.’
Daily Telegraph, 1st July 2014
Source: www.telegraph.co.uk
‘The statutory authority deriving from paragraph 2(1) and (3) of Schedule 3 to the Immigration Act 1971 for detention pending removal of a person against whom a deportation order had been made in pursuance of a recommendation by a court was not unlimited and did not continue when there was no longer any prospect of deportation within a reasonable time.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
‘Eleven members of the same family who kidnapped and tortured a couple they falsely accused of murdering a widow have been jailed.’
BBC News, 3rd April 2014
Source: www.bbc.co.uk
‘A Christian preacher who was held by police for 15 hours without water or food has won £13,000 in compensation for wrongful imprisonment.’
The Independent, 31st March 2014
Source: www.independent.co.uk
‘An ice cream seller who kept a vulnerable man as a slave in his garage was not given a lenient sentence, appeal court judges have ruled.’
BBC News, 28th March 2014
Source: www.bbc.co.uk
‘Chantelle McCluney, 23, watched on as her boyfriend and another lover tortured and humiliated their victim’
Daily Telegraph, 20th January 2014
Source: www.telegraph.co.uk
‘David Rooke forced Craig Kinsella, 34, to live in a garage where he suffered regular beatings and ended up scavenging for food in bins, Sheffield Crown Court heard.’
Daily Telegraph, 7th January 2014
Source: www.telegraph.co.uk
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