Colleagues may be interested to know that the Irish Court of Appeal rejects the approach in
Lumba - R (WL (Congo)) v Secretary of State for the Home Department
[2011] UKSC 12,
[2012] 1 AC 245
In GE v The Commissioner of An Garda Siochana
[2021] IECA 113 an award of €7,500 against the Police Commissioner & other State defendants (awarded in [2018] IEHC 293) was upheld. The court rejected the argument that ‘where a plaintiff establishes that he or she has been unlawfully confined, a defendant
will defeat any consequent claim for compensatory damages if it can be shown that had the plaintiff not been unlawfully detained he or she could and would have been lawfully detained.’ (the defendant’s plea is at [2])
https://www.bailii.org/ie/cases/IECA/2021/2021IECA113.html
The IECA also discusses Parker v The Chief Constable of Essex Police
[2018] EWCA Civ 2788,
[2019] 1 WLR 2238, Bostridge v Oxleas NHS Foundation Trust
[2015] EWCA Civ 79, R. (Hemmati) v Secretary of State for the Home Department
[2019] UKSC 56,
[2021] AC 143, Lewis v Australian Capital Territory
[2020] HCA 26,
as well as a range of earlier authorities. They also cite Keene and Dobson, At what price liberty? The Supreme Court Decision in
Lumba and Compensation for False Imprisonment [2012] PL 628 at 633 to 635,
Hart and Honore `Causation in the Law' (2nd Ed. 1985 at p. 249)
I haven’t had time to fully digest the 82 pages, but I agree with the general tenor of what I’ve seen (and the result)
One curiosity struck me; Murray J finishes with ‘I would, accordingly, dismiss this appeal.’, at [154]; the other 2 members of the court agree (at [155]), but the bottom of the document finishes with ‘Result: Appeal Allowed.’ – I take
it this is a typo J
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Eoin Quill |
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University of Limerick, Limerick, V94 T9PX |
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Ollscoil Luimnigh, V94 T9PX, Éire |
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