“…he existence of, and the ability to exercise, the power to detain, the word “detained” in paras. 22 and 29 of Sch. 2 to the 1971 Act meant “lawfully detained”: [2015] EWCA Civ 445; [2016] QB 789.…”
“…t consider that that case assists Mr Lucas. On the issue to which I have referred, the Supreme Court upheld the analysis and conclusion of the Court of Appeal ([2015] EWCA Civ 445; [2015] 1 WLR 1031, especially at [31]-[37] per Lord Dyson MR with whom Richards LJ and Black LJ (as she then was) agreed); which was before this court in AR (…”