Bird v Jones

False imprisonment requires a complete restraint of the claimant's freedom of movement, so blocking only one way of going is not enough.

Citation
(1845) 7 QB 742
Court
Court of Queen's Bench
Year
1845
Subject
Tort Law
Topic
Trespass to the person

Facts

Part of a public footway on Hammersmith Bridge was fenced off by the defendants for spectators to watch a boat race, and they charged for admission. Mr Bird climbed into the enclosure and tried to walk along the footway in the usual direction. The defendants placed two police officers to stop him going that way, but told him that he could go back the way he had come and cross the bridge by the other footway. He refused to do so and stayed where he was for about half an hour. He sued for false imprisonment.

Legal principle

The court held, by a majority, that there was no false imprisonment. Coleridge J said that imprisonment is a total restraint of the liberty of the person, for however short a time, and not a partial obstruction of his will, whatever inconvenience it may bring on him. Mr Bird had been free to go back and take another route, so there was no total restraint. Lord Denman CJ dissented.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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