Chapter

The Leading Cases in Context

A. W. Brian Simpson

in In the Highest Degree Odious

Published in print November 1994 | ISBN: 9780198259497
Published online March 2012 | e-ISBN: 9780191681974 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198259497.003.0017
The Leading Cases in Context

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Robert Liversidge claimed damages for false imprisonment; he did not apply for habeas corpus. His was not the first such action; Oswald Mosley, Maule Ramsay, and the de Lange brothers had issued writs for false imprisonment, and J. R. Smeaton-Stuart, after release in November 1940, had brought such an action, and lost on June 26 before Mr Justice Tucker. Since he was at liberty, habeas corpus was pointless, and this explains in his case the choice of proceeding. Liversidge was still in executive detention, but such an action, as well as leading to damages, had three potential advantages over habeas corpus proceedings. The first was that interlocutory proceedings, decided by judges or lower court officials, were possible. Second, actions for false imprisonment were determined by a trial. Third, although most civil actions were tried by a judge alone, it was possible to apply for a trial by jury.

Keywords: Robert Liversidge; false imprisonment; habeas corpus; J. R. Smeaton-Stuart; executive detention; interlocutory proceedings; trial by jury

Chapter.  13947 words. 

Subjects: History of Law

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