Farleys were instructed on behalf of Mr M in connection with a claim against the Secretary of State for the Home Department (SSHD) in connection with claim for damages arising out of false imprisonment due to continued imposition of bail conditions.
The Claimant was released from prison and made subject to bail conditions, namely an electronically monitored curfew that operated between 8pm and 8am every day. The Claimant remained subject to these conditions for over a year and felt his liberty had been unnecessarily restricted.
A Judicial Review of the decision of the SSHD was issued in 2016, however, the case had to be stayed pending the decision in R (on the application of Jalloh (formerly Jollah) (Respondent) v Secretary of State for the Home Department (Appellant).
Following the handing down of the Supreme Court decision in 2020, the Defendant accepted the merits of the claim and requested a stay of proceedings to explore settlement of the claim.
How Farleys’ Claims Against Public Authorities Department Helped
Specialist Kelly Darlington sought redress for the period of unlawful imprisonment and argued on behalf of Mr M that he was subject to a significantly length curfew and that his compliance with the curfew was imposed. In addition to the basic damages for false imprisonment, it was argued that the Claimant was also entitled to aggravated damages as the curfew had a significant impact on the Claimant’s mental state causing high levels of stress and anxiety.
The Ministry of Justice heavily defended this claim. Here at Farleys, our expert team were able to settle the claim prior to Judicial Review in Mr M’s favour. The Defendant’s initial offer was £2,000 and following negotiations this was increased to £8,000. Mr M also successfully recovered his legal costs.
To discuss the possibility of making a claim for false imprisonment, please contact Farleys’ claims against public authorities team on 0333 331 4095 or contact us by email.