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False Imprisonment Flowchart

Dave Ballam Law of Tort Level 6 English

Flowchart content

  1. FALSE IMPRISONMENT

  2. Must be total

  3. Knowledge

  4. Failure to Release

  5. Legally Justified Detention

  6. Bird v Jones [1845]

    Being prevented from crossing a bridge was not "Total"

  7. Knowledge is not required but damages may be nominal

  8. Where there is no contractual/legal duty to release the claimant, failure to release is not false imprisonment

  9. Arrest

  10. "Infliction of bodily restraint which is not expressly or impliedly authorised by law"

    Governor of Brockhill Prison ex Parte Evans [2000]

  11. Custody

  12. Meering v Graham White Aviation [1919]

  13. Murray v Ministry of Defence [1988]

  14. Herd v Weardale Steel Co [1915] (Miners)

  15. If C enters premises subject

    to a condition D is entitled to refuse to release him until condition is complied with.

    Robinson v Balmain Ferry Co [1910]

  16. ss24 & 24A Police and Criminal Evidence Act 1984

  17. Must be told the true grounds for his arrest

  18. Must be taken to a police officer within a reasonable time

  19. Lewis v Timms [1952]

    20-60 minutes was reasonable

  20. Governor of Brockhill Prison ex Parte Evans [2000]

  21. C served longer in custody than she should have.

    Succeed in claim for false imprisonment

  22. Will not be total if C has reasonable means of escape

Information

Description
Level 6 Law of Tort (Trespass and Related Torts) Flowchart on False Imprisonment Flowchart, created by Dave Ballam on 05/12/2017.
Created by
Dave Ballam · Dec 2017
Updated
Dec 5, 2017
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  • Created by Dave Ballam · Dec 5, 2017
  • Copied by Dave Ballam · Dec 5, 2017
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