Jollah, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 1260 (12 June 2018)

Jollah, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 1260 (12 June 2018)

The imposition of a night-time curfew, enforced by electronic tagging and threat of criminal sanction, unlawfully imposed under immigration powers, constitutes false imprisonment at common law. The claimant's compliance was compelled by legal process, not voluntary, and amounted to constructive imprisonment. The Secretary of State is liable in damages for the period of the unlawful curfew.

Citation
[2018] EWCA Civ 1260
Parties
Respondent/claimant: Ibrahima Jollah; Appellant/defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
12 June 2018
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal and Cross Appeal From High Court (administrative Court)
Outcome
Appeal dismissed; cross-appeal dismissed.
Legal Topics
False Imprisonment, Damages, Immigration Detention, Curfew Orders, Constructive Imprisonment, Article 5 ECHR
Tort Law Immigration Law Human Rights Law False Imprisonment Damages Immigration Detention Curfew Orders Constructive Imprisonment +1 more

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Parties

Ibrahima Jollah

Respondent/claimant

Secretary of State for the Home Department

Appellant/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal and Cross Appeal From High Court (administrative Court)

Legal Issues

  1. 1 Whether the imposition of a night-time curfew with electronic tagging and threat of criminal sanction, unlawfully imposed under immigration powers, constitutes false imprisonment at common law.
  2. 2 Whether the claimant is entitled to damages for false imprisonment for the period subject to the unlawful curfew.
  3. 3 Whether the quantum of damages awarded was appropriate.

Ratio Decidendi

The imposition of a night-time curfew, enforced by electronic tagging and threat of criminal sanction, unlawfully imposed under immigration powers, constitutes false imprisonment at common law. The claimant's compliance was compelled by legal process, not voluntary, and amounted to constructive imprisonment. The Secretary of State is liable in damages for the period of the unlawful curfew.

Court Disposition

Appeal dismissed; cross-appeal dismissed.

Orders

  • The Secretary of State's appeal against liability for false imprisonment is dismissed.
  • The claimant's cross-appeal for an increase in damages is dismissed.