Jollah, R (On the Application Of) v The Secretary of State for the Home Department

Jollah, R (On the Application Of) v The Secretary of State for the Home Department

The unlawful curfew imposed by the Secretary of State, backed by threat of criminal sanction and electronic tagging, constituted false imprisonment as IJ was compelled to remain at home during specified hours by submission to legal process, not voluntary compliance. Damages are recoverable for this period.

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 / Appeal From High Court Judgment, Including Cross Appeal on Quantum
Outcome
Appeal and cross-appeal dismissed; High Court judgment upheld.
Legal Topics
False Imprisonment, Unlawful Curfew, Damages Assessment, Immigration Detention, Liberty of the Subject
Tort Law Immigration Law Constitutional Law False Imprisonment Unlawful Curfew Damages Assessment Immigration Detention Liberty of the Subject

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ibrahima Jollah

Respondent/claimant

Secretary of State for the Home Department

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment, Including Cross Appeal on Quantum

Legal Issues

  1. 1 Whether an unlawful curfew imposed by the Secretary of State constitutes false imprisonment
  2. 2 Whether damages are recoverable for such false imprisonment
  3. 3 Appropriate quantum of damages for night-time curfew at home

Ratio Decidendi

The unlawful curfew imposed by the Secretary of State, backed by threat of criminal sanction and electronic tagging, constituted false imprisonment as IJ was compelled to remain at home during specified hours by submission to legal process, not voluntary compliance. Damages are recoverable for this period.

Court Disposition

Appeal and cross-appeal dismissed; High Court judgment upheld.

Orders

  • Secretary of State's appeal dismissed.
  • Claimant's cross-appeal on quantum dismissed.