LORD PORTER. (reading the lead judgment)
My Lords, the problem raised in this matter requires a determination by your Lordships’ House of the principles on which and the circumstances in which the arrest of those suspected of felony can be justified in a case where no warrant has been issued, and it affects, I think, both the obligations of the police and those of private persons. The solution must, therefore, lead to a careful inquiry which is not rendered the less anxious by the fact that the appellants alone were represented in the argument before your Lordships or the fact that the sum at stake is a small one. When the liberty of the subject is at stake questions as to the damage sustained become of little importance.
The appeal is from an order of the Court of Appeal of March 14, 1951, in so far as it affirms the judgment of Donovan J. on an issue as to false imprisonment. The circumstances under which the claim arises are undisputed.
The respondent, Mrs. Tims, and her daughter visi…