Jurisdiction(s):
United Kingdom

False imprisonment not a personal injury claim: s 57 CJCA 2015 inapplicable; fundamental dishonesty in mixed claims permits full costs enforcement under CPR 44.16 in England and Wales

Published on: 30 October 2024

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

Reynolds v Chief Constable of Kent Police [2024] EWHC 2487 (KB) What are the practical implications of this case?

This decision serves as a clear reminder that CJCA 2015, s 57 is not engaged in every matter that, on first glance, appears to be a personal injury claim. The court held that the tort of false imprisonment is not a personal injury claim because its essence is the deprivation of liberty. The practical takeaway for claimants advancing multiple causes of action is to think carefully before adding a personal injury head to their pleadings. In this instance, Mr Reynolds included an assault claim which was properly dismissed for fundamental dishonesty, giving rise to costs consequences that influenced the false imprisonment claim. Although the court concluded that the false imprisonment claim neither could nor should be dismissed for fundamental dishonesty, the presence of the assault allegation meant the proceedings constituted a 'mixed claim' for the purposes of CPR 44.16(2)(b). As a result, careful pleading strategy is essential where various heads of loss are pursued. Here, despite the survival of the false imprisonment claim, the mixed nature of the action affected costs exposure...

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