- Foulkes’ wife and children had barricaded themselves in Foulkes’ house after he threatened to evict them
- After calling the police, Foulkes was ordered by the police to stay out of the way for a while, which Foulkes refused to do
- Foulkes was arrested for the common law offence of breaching the peace
- Did the police falsely imprison Foulkes (i.e. was the arrest unlawful)?
- There was no immediate threat of violence or damage