R (on the application of Jalloh (Liberia)) v Secretary of State for the Home Department

[2020] UKSC 4 UKSC 2018/0137 R (on the application of Jalloh (Liberia)) (Respondent) v Secretary of State for the Home Department (Appellant) On appeal from the Court of Appeal Civil Division (England and Wales) The respondent was made subject to a curfew restriction between the hours of 23.00 and 07.00 for a period between 3 February 2014 and 14 July 2016, pending potential deportation. The curfew was imposed by those acting on behalf of the Secretary of State purportedly pursuant to paragraph 2(5) of Schedule 3 to the Immigration Act 1971 (as it then stood). However, in light of subsequent Court of Appeal authority, it was accepted by the Secretary of State that paragraph 2(5) of Schedule 3 to the Immigration Act 1971 did not confer a power to impose a curfew. Consequently, the curfew imposed was unlawfully imposed. The respondent issued judicial review proceedings. In the High Court, Lewis J held that the curfew did amount to a detention for the purposes of the tort of false imprisonment. He assessed the damages at £4,000. The Secretary of State appealed to the Court of Appeal against the decision that the respondent was entitled to damages for false imprisonment. The respondent cross-appealed against the amount of the award of damages on the grounds that a much greater award should have been made. The Court of Appeal dismissed both the appeal and the cross-appeal. The Secretary of State has been granted permission to appeal to the Supreme Court. The issue is: Whether the imposition of a curfew requirement on a person subject to deportation amounts to ‘imprisonment’ for the purpose of establishing the tort of false imprisonment. The Supreme Court unanimously dismisses the Secretary of State’s appeal.