| Display title | R (Jollah) v SSHD [2018] EWCA Civ 1260 |
| Default sort key | R (Jollah) v SSHD (2018) EWCA Civ 1260 |
| Page length (in bytes) | 1,791 |
| Page ID | 9941 |
| Page content language | en - English |
| Page content model | wikitext |
| Indexing by robots | Allowed |
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| Page creator | Jonathan (talk | contribs) |
| Date of page creation | 14:44, 29 January 2019 |
| Latest editor | Jonathan (talk | contribs) |
| Date of latest edit | 10:12, 24 March 2021 |
| Total number of edits | 4 |
| Total number of distinct authors | 1 |
| Recent number of edits (within past 90 days) | 0 |
| Recent number of distinct authors | 0 |
Description | Content |
Article description: (description)
This attribute controls the content of the description and og:description elements. | "The context is one of immigration detention. The claimant, who is the respondent to this appeal (and who for present purposes I will call "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. Such curfew was imposed by those acting on behalf of the appellant Secretary of State purportedly pursuant to the provisions of paragraph 2 (5) of Schedule 3 to the Immigration Act 1971 (as it then stood). It has, however, been accepted in these proceedings that, in the light of subsequent Court of Appeal authority, there was no power to impose a curfew under those provisions. Consequently, the curfew was unlawfully imposed. The question arising is whether IJ is entitled to damages for false imprisonment in respect of the time during which he was subject to the unlawful curfew. The trial judge, Lewis J, decided that he was. Having so decided, the judge at a subsequent hearing assessed the damages at £4,000: (2017) EWHC 330 (Admin)B; (2017) EWHC 2821 (Admin)B. The Secretary of State now appeals, with leave granted by the judge, against the decision that IJ was entitled to damages for false imprisonment. IJ cross-appeals, with leave granted by Singh LJ, against the amount of the award of damages. It is said on behalf of IJ that a much greater award should have been made." |
