Unlawful Detention/False Imprisonment

Unlawful detention arises where an individual is deprived of their liberty by the state without lawful justification. In the context of immigration, this most commonly occurs when the Home Office detains a person without legal authority, for longer than is lawful, or in breach of established public law principles. Such detention may amount to false imprisonment, a civil wrong under English common law.

Individuals who have been unlawfully detained are entitled to seek compensation from the Home Office. The purpose of compensation is to provide redress for the loss of liberty, the distress caused, and any financial or personal losses suffered during the period of detention. The amount awarded will depend upon the length of detention, the conditions experienced, and the impact upon the individual.

Compensation claims may include:

• General damages, to reflect the loss of liberty and the anxiety and distress caused;
• Special damages, to cover any quantifiable financial loss suffered during detention, such as loss of employment, business opportunities, or additional family expenses;
• Aggravated damages, in cases where the manner of detention has caused additional humiliation or injury to feelings; and
• Exemplary damages, in the most serious cases where the conduct of the public authority requires the court to mark its disapproval.

A claim for unlawful detention may be pursued in the High Court (King’s Bench Division) or in the County Court, depending on the length of detention and the level of damages sought. In addition, unlawful detention may be challenged through judicial review proceedings, which can lead to release and provide a foundation for a subsequent damages claim.

At Lexmark Legal, our solicitors have extensive experience in representing clients in unlawful detention claims. We advise from the earliest stages, prepare detailed pre-action correspondence under the Pre-Action Protocol for Civil Claims, and pursue compensation through negotiation or litigation. Our team also considers whether interim relief, such as release from detention, should be sought urgently.

If you or someone you know has been detained unlawfully, you may be entitled to significant compensation. Contact us today for a confidential consultation and expert legal advice.