Law

False imprisonment is the unlawful restriction of a person’s freedom of movement . Lumba is a leading case as it outlines instances of false imprisonment where an appellant is detained by the state, it becomes the Secretary of State’s responsibility to display, on the balance of probabilities, that the detainment under the Immigration Act 1971 Sch.3 was lawful . Lord Dyson asserts this, ‘that he was directly and intentionally imprisoned by the defendant, whereupon the burden shifts to the...

Lumba , a leading case in false imprisonment heard by the the Supreme Court, established that a detainee would only be awarded damages if an error made by the Secretary of State was the sole reason for the detention. In other words, if the detainee would have been lawfully detained irrespective of the error then he would not be entitled to any more than nominal damages for the tort of false imprisonment. This set the precedent for all similar cases decided immediately after Lumba and continues t...

Advise Jayne on what steps she might take to get back into the family home with the children and to protect themselves from Trina and her brother Darius. & Consider whether cohabitees should be entitled to the same property and other rights as married couples and civil partners. If this was so, would there subsequently be any purpose to marriage and civil partnership?

Human Rights - right to protest

HR - right to protest

Purdy case note