#17453 - Admin Law Remedies For Trespass And False Imprisonment Strict Liability - Administrative Law: Remedies

TRESPASS AND FALSE IMPRISONMENT • Particularly promising torts:Strict liability - it Is enough that the D did the impugned act even if it was accidental No Mens rea necessary to prove. Trespass to goods:Direct interference without lawful justification False imprisonment:Imprisonment w out lawful justification FALSE IMPRISONMENT Evans v Governor of Brockhill Prison [2001] 2 AC 19 Evans sentenced to long period in prison, but disputed w governor the precise calculation of her release date. the governor acted on previous decisions and calculated the release date as 56 days later than the one that she claimed. She brought JR for an order of Certiorari and the court reversed past decisions in upholding her interpretation. She then sued the governor, who claimed in his defence that he was not liable for her was acting genuinely and in good faith when making the decision - how was he supposed to know that the courts were going to reverse previous decisions? He was acting professionally, had followed legal advice and was perfectly compliant with the current lawFalse imprisonment is a strict liability offenceNo defence that the wrongdoer was not negligent Recently the HC has hinted that SL torts, might in the admin law contexts attract the same level of immunity as negligence etc. TRESPASS McDonagh v Galway County Council [2019] IEHC 717 McDonagh owned a horse that was found wandering by Galway County Council. Council took horse into care and provide bed and breakfast for it. McDonagh came to retrieve the horse and the council demanded that he reimburse them for the money they spent on Bed and Breakfast, however he couldn't repay it (thousands). The council then destroyed the horse??? They justified this under section 39 of the Control of Horses act 1996 which allows destruction of horses in accordance with by-laws. The by-laws did not permit the destruction of a horse for not paying a bed and breakfast fee. Thus, the destruction was unlawfulClaimant awarded 2k Misfeasance or negligence would have failed - no Mens Rea - acted bona fide The horse constituted his 'goods,' thus was able to claim damages under trespass to goods.