Iqbal v Prison Officers Association [2009]
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Iqbal v Prison Officers Association [2009] EWCA Civ 1312 addressed the elements required to establish the tort of false imprisonment. The court clarified that false imprisonment necessitates both a positive act by the defendant and the intention to deprive the claimant of their liberty.
The factual scenario involved prison guards participating in an unlawful strike organised by the Prison Officers Association. As a result, Iqbal, a prisoner, was confined to his cell throughout the day when he would typically have been allowed some hours of freedom. Iqbal brought a lawsuit against the Prison Officers Association for the tort of false imprisonment, and it was agreed that if the prison guards were liable, then the Prison Officers Association would also be liable.
The central issue in the case was whether negligent behaviour was sufficient to prove the intention required for false imprisonment. The Court of Appeal dismissed the appeal, ruling that the Prison Officers Association did not possess the requisite intention to deprive Iqbal of his liberty, and the prison officers had not taken direct positive steps to confine Iqbal to his cell. Furthermore, it was determined that the actions of the prison guards and the Prison Officers Association were not unlawful, thus precluding liability in tort.
Smith LJ, in her judgment, underscored that false imprisonment hinges on both a positive act by the Prison Officers Association and the intention to deprive Iqbal of their liberty. She clarified that a mere act of negligence, such as locking a door under the belief that the room is empty, does not constitute the necessary intention for false imprisonment. Subjective recklessness as to the consequences of conduct could satisfy the intention requirement in limited cases. Smith LJ emphasised that in the absence of a positive act, there could be no action for false imprisonment.
This case demonstrates that negligence is neither sufficient nor required to prove false imprisonment. It also highlights the importance of considering the lawful confinement of a prisoner and the bounds of legal authority in determining whether an act amounts to false imprisonment.
