Case details

R (on the application of Jalloh (Liberia)) (Respondent) v Secretary of State for the Home Department (Appellant)

Case ID: UKSC 2018/0137

Case summary

Issue(s)

Whether the imposition of a curfew requirement on a person subject to deportation amounts to ‘imprisonment’ for the purpose of establishing the tort of false imprisonment.

Facts

IJ was made subject to a curfew restriction between the hours of 23.00 and 07.00 for a period between 3 February 2014 and 14 July 2016, pending potential deportation. The curfew was imposed by those acting on behalf of the Secretary of State purportedly pursuant to paragraph 2(5) of Schedule 3 to the Immigration Act 1971 (as it then stood). However, in light of subsequent Court of Appeal authority, it was accepted by the Secretary of State that paragraph 2(5) of Schedule 3 to the Immigration Act 1971 did not confer a power to impose a curfew. Consequently, the curfew imposed was unlawfully imposed. IJ issued judicial review proceedings.

In the High Court, Lewis J held that the curfew did amount to a detention for the purposes of the tort of false imprisonment. He assessed the damages at £4,000. The Secretary of State appealed to the Court of Appeal against the decision that IJ was entitled to damages for false imprisonment. IJ cross-appealed against the amount of the award of damages on the grounds that a much greater award should have been made. The Court of Appeal dismissed both the appeal and the cross-appeal. The Secretary of State has been granted permission to appeal to the Supreme Court.

Judgment appealed

[2018] EWCA Civ 1260

Parties

Appellant(s)

Secretary of State for the Home Department

Respondent(s)

IJ

Appeal

Justices

Lady Hale, Lord Kerr, Lord Carnwath, Lord Briggs, Lord Sales

Hearing start date

12 Nov 2019

Hearing finish date

12 Nov 2019