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3 Cards in this Set
- Front
- Back
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Facts
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-The Claimants, a mother and son (Alan Wainright), went to visit step-brother detained at Leeds Prison
-Step-brother suspected of taking drugs in jail -Claimants, mother and son, strip-searched for drugs, in breach on Prison Rules, leaving them humiliated and distressed -Second Claimant, who was mentally impaired and suffered from cerebral palsy, developed PTSD |
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Facts
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-The judge held that trespass to the person (consisting of willfully causing a person to do something to himself which infringed his right to privacy) had been committed against both Claimants and that trespass to the person ( consisting of willfully causing a person to do something calculated to cause him harm) had been committed against the second claimant in addition to a battery.
-Judge awarded basic and aggravated damages of £2,600 to first Claimant and £4,500 to second Claimant. - Court of Appeal allowed the Home Office’s appeal against the finding of trespass, dismissed the first claimant's claim and reduced the award of damages to the second claimant. The Home Office did not appeal the finding of battery. |
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Significance of case
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First time the House of Lords had been asked to declare whether an action for invasion of privacy exists in English law.
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