Bostridge v Oxleas NHS Foundation Trust

Bostridge v Oxleas NHS Foundation Trust

Where a claimant would have been lawfully detained in any event, only nominal damages are appropriate for unlawful detention, regardless of whether the power to detain would have been exercised by the defendant or a third party. Vindicatory damages are not available in such circumstances.

Parties
Claimant/appellant: Lee Bostridge; Defendant/respondent: Oxleas NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
10 February 2015
Procedural Posture
Civil Appeal / Appeal From Central London County Court
Outcome
Appeal dismissed
Legal Topics
False Imprisonment, Damages, Nominal Damages, Mental Health Act, Human Rights Act, Article 5 ECHR
Tort Law Human Rights Law Mental Health Law False Imprisonment Damages Nominal Damages Mental Health Act Human Rights Act +1 more

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Parties

Lee Bostridge

Claimant/appellant

Oxleas NHS Foundation Trust

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Central London County Court

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 or European human rights law requires substantial damages in such circumstances
  3. 3 Whether damages should reflect loss of liberty and procedural protections even if detention would have been lawful

Ratio Decidendi

Where a claimant would have been lawfully detained in any event, only nominal damages are appropriate for unlawful detention, regardless of whether the power to detain would have been exercised by the defendant or a third party. Vindicatory damages are not available in such circumstances.

Court Disposition

Appeal dismissed

Orders

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