Bostridge v Oxleas NHS Foundation Trust [2015] EWCA Civ 79 (10 February 2015)

Bostridge v Oxleas NHS Foundation Trust [2015] EWCA Civ 79 (10 February 2015)

Where a claimant would have been lawfully detained in any event, only nominal damages are appropriate for false imprisonment, regardless of whether the power to detain was held by the defendant or a third party.

Citation
[2015] EWCA Civ 79
Parties
Claimant/appellant: Lee Bostridge; Defendant/respondent: Oxleas NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
10 February 2015
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
False Imprisonment, Damages, Mental Health Act 1983, Human Rights Act 1998, Nominal Damages
Tort Law Human Rights Law Mental Health Law False Imprisonment Damages Mental Health Act 1983 Human Rights Act 1998 Nominal Damages

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Parties

Lee Bostridge

Claimant/appellant

Oxleas NHS Foundation Trust

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a mentally disordered patient unlawfully detained is entitled to substantial damages or only nominal damages when lawful detention would have occurred anyway
  2. 2 Whether policy reasons or European Court of Human Rights jurisprudence require substantial damages
  3. 3 Whether damages should reflect loss of liberty and procedural protections

Ratio Decidendi

Where a claimant would have been lawfully detained in any event, only nominal damages are appropriate for false imprisonment, regardless of whether the power to detain was held by the defendant or a third party.

Court Disposition

Appeal dismissed

Orders

  • Appellant entitled only to nominal damages
  • No substantial damages awarded