Karagozlu v Commissioner of Police of the Metropolis

Loss of liberty, including further restriction of liberty within prison by transfer from open to closed conditions due to misfeasance, constitutes material damage sufficient to support a claim for misfeasance in public office.

Parties: Claimant/appellant: Ibrahim Karagozlu; First Defendant/respondent: Commissioner of Police of the Metropolis; Second Defendant (struck Out, Not Party to Appeal): Home Office
Jurisdiction: England and Wales
Judgment Date: 12 December 2006
Procedural Posture: Civil Appeal / Appeal From Order Striking Out Claim; Court of Appeal Judgment
Outcome: Appeal allowed; order striking out claim against Commissioner set aside.
Legal Topics: Misfeasance in Public Office, False Imprisonment, Damages, Prisoner Rights

Tort Law Public Law Prison Law Misfeasance in Public Office False Imprisonment Damages Prisoner Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Ibrahim Karagozlu

Claimant/appellant

Commissioner of Police of the Metropolis

First Defendant/respondent

Home Office

Second Defendant (struck Out, Not Party to Appeal)

Procedural Posture

Civil Appeal / Appeal From Order Striking Out Claim; Court of Appeal Judgment

Legal Issues

1 Whether loss of liberty constitutes actionable damage for the tort of misfeasance in public office
2 Whether a prisoner moved from open to closed conditions suffers compensable damage under misfeasance

Ratio Decidendi

Court Disposition

Appeal allowed; order striking out claim against Commissioner set aside.

Orders

Appellant's claim against the Commissioner reinstated; to proceed to trial if other ingredients of the tort are established.