Editing False imprisonment (section)

===== Omission =====
''Can the tort of false imprisonment be committed by omission?''

In the majority of circumstances/generally, the answer is no, as there must be a positive act. Yet, in certain circumstances defendants may still be found liable if they are under a positive obligation to release the claimant and the claimant has the legal right to be released. In the case of ''Prison Officer's Association v Iqbal''<ref name=":0">''Prison Officer's Association v Iqbal'' [2009]</ref> where a defendant could not leave their cell due to the prison officers being on strike, it was held at [61] that:

{{quote|'It seems to me that the general rule that an omission or refusal to release the claimant from confinement will not amount to false imprisonment should not be overridden save in circumstances where the claimant has a legal right to be released and the defendant is under a positive obligation to release the claimant.'<ref name=":0" />}}

Thus, the defendants were liable for omission under the tort of false imprisonment.

Moreover, in the case of ''[[R v Governor of Brockhill Prison, ex p Evans]]'',<ref name=Brockhill/> where the claimant should be released from prison and they weren't, due to a genuine mistake meaning they were held in prison for longer, this was still held to be false imprisonment.