False imprisonment


Produced in partnership with Laura Giachardi of 42 Bedford Row
Practice notes

False imprisonment


Produced in partnership with Laura Giachardi of 42 Bedford Row

Practice notes
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Liability

False imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will usually be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for Justice. The detention in question may be by police, immigration authorities or prisons (where there has been a miscalculation of the sentence itself or the parole allowed, resulting in an unlawful period of detention).

Per Lord Bridge in R v Deputy Governor of Parkhurst Prison, Ex p Hague: 'The tort of false imprisonment has two ingredients: the fact of imprisonment and the absence of lawful authority to justify it.'

In Jalloh, the Supreme Court applied a wide definition to the term ‘imprisonment’. The essence of imprisonment was being made to stay in a particular place by a particular person, whether by means of physical barriers, guards or threats of force or of legal process. In this case, the imposition of curfew requirements on a person subject to deportation

Laura Giachardi
Laura Giachardi

Barrister, 42 Bedford Row

Laura is a busy and sought after practitioner. She practices predominantly in medical law and personal injury, including claims for psychiatric injury caused by work related stress. 

Her medical law practice encompasses both clinical negligence and court of protection matters involving mental capacity issues. Laura convenes and lectures on the Masters course for Medical Negligence and Misadventure at King’s College London.

She has a particular expertise in the Illegality Defence, and worked on the Illegality Project at the Law Commission. She appeared in the Supreme Court case of Stoffel v Grondona [2020] UKSC 42.

Laura has also worked on various contract, property, trusts and probate matters as well as cases of professional negligence. She appeared in the Supreme Court case of Devani v Wells [2019] UKSC 4, concerning contractual terms and estate agent commissions.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
False definition
What does False mean?

False may mean 'deceitful' or 'erroneous'.

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