Wainwright v Home Office [2004]

Facts

  • Two visitors to a prison were strip searched upon entry
  • They subsequently suffered mental injury

Issue

  • Could they have a Wilkinson v Downton claim? Could there be any other liability?

Decision

  • No

Reasoning

  • Wilkinson v Downton [1897] distinguished as no intent to cause harm, just sloppiness with prison rules
  • No tort of invasion of privacy
RELATED CASE  McFarlane v EE Caledonia [1993]

Posted in Tort Law Revision Notes.

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