[2007] UKHL 45

A non-derogating control order which, among other things, imposed an 18-hour curfew and prohibited social contact with anybody who was not authorised by the Home Office, amounted to a deprivation of liberty. The court had not erred in quashing the order (as opposed to amending it), since defects in such an order could not be cured by amending specific obligations and it would be contrary to principle to decline to quash an order, made without power to make it, which had unlawfully deprived a person of his liberty.

HL (Lord Bingham of Cornhill, Lord Hoffmann, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood)

31/10/2007