PC (New Zealand) The claimant was stopped driving his son to the airport. He drove off, but was stopped again. He complained at the constable’s conduct. His claim was struck out. He had been stopped under road traffic legislation, but this was not available for non-traffic purposes.
Held: There were disputes as to the exact circumstances in which the constable had stopped the car, but a plaintiff’s claim should not be dismissed without trial save under the clearest of circumstances indicating that the claim would fail. That had not been shown here. Appeal allowed.
Judges:
Lord Bingham of Cornhill, Lord Hutton, Lord Hobhouse of Woodborough, Lord Scott of Foscote, Lord Rodger of Earlsferry
Citations:
[2003] UKPC 48
Links:
Commonwealth, Police, Litigation Practice
Updated: 07 June 2022; Ref: scu.183888