Injuries to Liberty

Injuries to Liberty are actionable Delicts.
==European Convention on Human Rights==
The Article 5 of the European Convention on Human Rights states that:
:Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law
==Case Law==
In Mackenzie v Cluny Hill Hydropathic Co (1908), MacKenzie (a guest at the facility) was called into the managers office apparently on the understanding that someone in there required medical assistance. She was then locked in the office as the manger verbally abused her. This was held to be holding her against her will.
In Henderson v Chief Contsable of Fife (1988), Staff were "locked in" a hospital lab during industrial action. They were then arrested, cautions and held within the cells. They also had underwear removed as a safety precaution. The staff sued claiming this was an overreaction by the police to arrest them, but only the removal of bras were held to be unjustified.
In the European courts, during some large protests in London, some bystanders were "kettled" or held from going about their business as they were within the protest zone. In Austin v UK (2012), heard in the European Court of Human Rights, this was held to be justified.
Category:Intentional Delicts