Cases

Wainwright v Home Office

Facts

The Claimants, a mother and son, were strip-searched for drugs on a prison visit in 1997 in breach of the Prison Rules and they were humiliated and distressed. The second Claimant, who was mentally impaired and suffered from cerebral palsy, developed PTSD. The judge held that trespass to the person, consisting of wilfully causing a person to do something to himself which infringed his right to privacy, had been committed against both Claimants and that trespass to the person, consisting of wilfully causing a person to do something calculated to cause him harm, had been committed against the second claimant in addition to a battery. He awarded basic and aggravated damages of £2,600 to the first Claimant and £4,500 to the second Claimant. The Court of Appeal allowed the Home Office’s appeal against the finding of trespass, dismissed the first claimant's claim and reduced the award of damages to the second claimant. The Home Office did not appeal the finding of battery.

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