R (David Francis) v Secretary of State for the Home Department [2013] EWHC 2115 (Admin)

Detention of a foreign national found to have breached the Hardial Singh principles over a substantial period, but held that false imprisonment was not established where paragraphs 2(1) and 2(3) to Schedule 3 to the Immigration Act 1971 afforded a “statutory warrant” which acted as a shield to the tort. The judge granted permission to appeal to Court of Appeal granted and an appeal is being pursued.

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