The terms "unlawful detention" and "false imprisonment" are often used
interchangeably. Unlawful detention is commonly used to determine, in
the context of immigration cases, whether the Secretary of State has
acted without valid legal authority to detain an individual. However,
false imprisonment refers to a situation under common law, which gives
rise to a civil claim for damages. It is a strict liability tort and no
demonstrable loss is needed to establish this. For the purposes of this
guide the term unlawful detention will be used more generally. This
guide will explore the mechanics of bail and where bail is refused, how
to secure through judicial review if there has been an assessment that
detention may be unlawful. In addition, where there is historic period
of detention, this guide will look at how best to start a civil claim in
the civil courts.
This guide will also help practitioners to navigate through the law and
policies on detention and the important common law principles that have
developed over time, to limit detention. These are now known as 'Hardial
Singh principles'. It hopes to provide some clarity on how to make an
assessment as to the level of damages available and whether such a claim
should be pursued if only 'nominal damages' are available.
ABOUT THE AUTHOR
Samina Iqbal is a senior public law and immigration practitioner with
over 20 years' experience, who also has a background in family law.
Samina was also first appointed as a Fee-Paid Judge in the First-Tier
Tribunal (Immigration and Asylum Chamber) in 2006 and has subsequently
been appointed to the Social Entitlement Chamber in 2018 and in 2017, as
an Environment and Traffic Adjudicator.
She is committed to inspiring and training more junior women at the Bar,
being acutely aware of gender disparities in the profession not just
within the UK but also more pervasively in South-East Asia. She has been
recognised for her selfless social activism and dedication; and was
recently awarded 'Champion of the Year' for Inspirational Women in Law
Awards 2020 and nominated as 'International Pro Bono Barrister of the
Year' in the Advocate Bar Pro Bono Awards 2020.
Samina's growing specialism has been in challenges to unlawful
detention, crossing over with claims for damages in the civil courts.
Her expertise and vast experience in this area means she is often
considered by her instructing solicitors as the "go-to" person for such
cases. She has also delivered extensive training seminars and webinars
in this areas of the law.
CONTENTS
Overview
Chapter 1 - Statutory Framework on Detention
Chapter 2 - Limits on Detention
Chapter 3 - Home Office Policies and Rules
Chapter 4 - Medical Assessments in Detention
Chapter 5 - Bail
Chapter 6 - Judicial Review - Unlawful Detention
Chapter 7 - Civil Claims for False Imprisonment
Chapter 8 - Damages
Appendix - Table of Cases Relating to Quantum
