Search Results for: Police Act 1997

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Right Hon Aitken MP and Preston; Pallister and Guardian Newspapers Ltd: CA 15 May 1997

The defendants appealed against an order that a defamation trial should proced before a judge alone. Held: ‘Where the parties, or one of them, is a public figure, or there are matters of national interest in question, this would suggest the need for a jury trial; but a question relating to a person’s ‘fitness for … Continue reading Right Hon Aitken MP and Preston; Pallister and Guardian Newspapers Ltd: CA 15 May 1997

The Chief Constable of the Greater Manchester Police v McNally: CA 25 Jan 2002

The claimant sought damages against the police for malicious prosecution and otherwise. He sought disclosure of whether a party referred to in the case as X, had at any time been a paid informer. The police appealed an order to disclose this. Counsel for the police had sought to rely upon assertions made as to … Continue reading The Chief Constable of the Greater Manchester Police v McNally: CA 25 Jan 2002

Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

Commissioner of Police of the Metropolis v Hooper: QBD 16 Feb 2005

The police applied to the court for a closure order in respect of premises they said were being used for the sale of Class A drugs. The tenant sought an adjournment, which was granted as were two later applications. On the last hearing, the police did not appear and the application was dismissed as out … Continue reading Commissioner of Police of the Metropolis v Hooper: QBD 16 Feb 2005

Watson v Cleveland Police: CA 12 Oct 2001

The defendant appealed an award of damages in favour of the applicant for assault by police officers whilst held in police custody. The said the judge should have allowed the claimant’s criminal record in in full. Held: The judge had directed the jury correctly. However as to damages, the award of exemplary damages was exessive, … Continue reading Watson v Cleveland Police: CA 12 Oct 2001

Scott v Metropolitan Police Commissioner; Regina v Scott: HL 20 Nov 1974

The defendant had been accused of conspiracy to produce pirate copies of films obtained by purchasing copies from cinema owners without the knowledge or consent of the copyright owners. Held: To establish a conspiracy to defraud, it was not necessary to prove a deceit by the defendant of the person who would end up being … Continue reading Scott v Metropolitan Police Commissioner; Regina v Scott: HL 20 Nov 1974

Regina v Warwickshire County Council Ex Parte Powergen Plc: QBD 9 Jan 1997

The power to incorporate highway works in planning agreements is limited to subject land. Forbes J said: ‘It is common ground that the new Section 278 was intended to fit into and play its part in the overall legislative system for the controlled development of land through the planning process and I accept that Section … Continue reading Regina v Warwickshire County Council Ex Parte Powergen Plc: QBD 9 Jan 1997

Donachie v The Chief Constable of the Greater Manchester Police: CA 7 Apr 2004

The claimant had been asked to work under cover. The surveillance equipment he was asked to use was faulty, requiring him to put himself at risk repeatedly to maintain it resulting in a stress disorder and a stroke. Held: There was a direct line of causation between the known faults in the equipment, and the … Continue reading Donachie v The Chief Constable of the Greater Manchester Police: CA 7 Apr 2004

Chessington World of Adventures Ltd v Reed: EAT 27 Jun 1997

News Group Newspapers Ltd had been joined as a party, in order that it could argue the obvious public interest relating to the importance, which has long been accepted in the courts, of the interest, not just of the press but of the public generally, in freedom of reporting and openness in court hearings. Discrimination … Continue reading Chessington World of Adventures Ltd v Reed: EAT 27 Jun 1997

Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003

The claimant sought damages for false imprisonment and assault after her wrongful arrest. She had waived her handbag at an officer investigating a disturbance and been arrested. The police said the arrest was lawful, she being suspected of common assault. Held: The judge was entitled to take the view that, taking the evidence at its … Continue reading Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003

Morrison v Chief Constable of the West Midlands Police: CA 17 Feb 2003

The claimant sought damages from the police for the manner of her arrest. At the civil trial, the jury had been undecided, and the court directed the jury as to resolution. The respondents appealed saying that the judge had put too much pressure on the jury. Held: The learned judge should have given a Watson … Continue reading Morrison v Chief Constable of the West Midlands Police: CA 17 Feb 2003

Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another: SC 17 Dec 2015

The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers. Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the requirements to give reasons both for the authorisation and for the stop and search, make … Continue reading Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another: SC 17 Dec 2015

The Chief Constable of the West Yorkshire Police v A, Secretary of State for Education: EAT 2 Oct 2001

The Force appealed findings of sex discrimination against the respondent who had undergone gender reassignment. She required the fact of the procedure to be kept secret. The force refused her application for appointment since they said she would be unable to conduct searches, which were required in law to be by officers of the same … Continue reading The Chief Constable of the West Yorkshire Police v A, Secretary of State for Education: EAT 2 Oct 2001

Van Mechelen And Others v The Netherlands: ECHR 23 Apr 1997

A Dutch court had convicted the applicants of attempted manslaughter and robbery on the basis of statements made, before their trial, by anonymous police officers, none of whom gave evidence before the Regional Court or the investigating judge. The Court of Appeal referred the case to the investigating judge who arranged hearings in which he, … Continue reading Van Mechelen And Others v The Netherlands: ECHR 23 Apr 1997

Mantovanelli v France: ECHR 18 Mar 1997

Hudoc Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedingsAn alleged Article 6 breach has to be considered in the overall context of the case, and is not to be addressed in relation to any one, discrete aspect of it. The court emphasised the significance of … Continue reading Mantovanelli v France: ECHR 18 Mar 1997

Commission v France: ECJ 9 Dec 1997

ECJ (Judgment) The Commission said France had failed to fulfil its obligations under the common organisation of the markets in agricultural, products and under Article 30, in conjunction with Article 5, of the EC Treaty. There had been for more than a decade violent acts committed by individuals and by protest movements of French farmers … Continue reading Commission v France: ECJ 9 Dec 1997

Waters v Commissioner of Police for the Metropolis: HL 27 Jul 2000

A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. Her claim was struck out, but restored on appeal. Held: Her claim was arguable. It was possible that the Commissioner owed to her a similar duty as would … Continue reading Waters v Commissioner of Police for the Metropolis: HL 27 Jul 2000

Regina v Mills, Regina v Poole: HL 24 Jul 1997

The prosecution have a duty to disclose to the defence the statement of an adverse witness and not just to provide the name and address, even though that person was not seen as credible witness by the prosecution. ‘the rule in Bryant and Dickson is not in conformity with the principles relating to disclosure established … Continue reading Regina v Mills, Regina v Poole: HL 24 Jul 1997

Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997

A driver was arrested for driving with excess alcohol. At the police station, he was to be tested with the Lion Intoximeter. The officer tested the machine and it calibrated correctly. This was at about a quarter after midnight; the sergeant’s watch said 00.13 am, but the time display on the machine read 23:00. Part … Continue reading Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997

Fellowes or Herd v Clyde Helicopters Ltd: HL 27 Feb 1997

A Police officer being carried in a force helicopter, and operating within his own force’s area was not on a matter of international carriage, and was not subject to the restrictions on recovery of damages. The helicopter had crashed into a building and he lost his life.Lord Hope considered the Convention noting the width of … Continue reading Fellowes or Herd v Clyde Helicopters Ltd: HL 27 Feb 1997

Grovit and others v Doctor and others: HL 24 Apr 1997

The plaintiff began a defamation action against seven defendants. Each had admitted publication but pleaded justification. The claims against the fourth to seventh defendants were dismissed by consent, and the third had gone into liquidation. The remaining two defendants, acting in person, applied for the action to be struck-out for want of prosecution. The plaintiff’s … Continue reading Grovit and others v Doctor and others: HL 24 Apr 1997

Regina v Chalkley, Jeffries: CACD 19 Dec 1997

The 1995 Act will not permit the Court of Appeal to allow an appeal where a conviction was safe but there was a substantial procedural unfairness. In order to understand the role of pre-1 January 1996 jurisprudence in applying what is now the current test it is important to understand what was meant by a … Continue reading Regina v Chalkley, Jeffries: CACD 19 Dec 1997

Clark v Chief Constable of Cleveland Police: CA 7 May 1999

It was appropriate for courts in all cases to give juries both general guidance on awarding damages and guidance as to the range of awards available in the circumstances. The court aslo set out the proper approach to the award of aggravated damages and exemplary damages against police. The figures the court set out were … Continue reading Clark v Chief Constable of Cleveland Police: CA 7 May 1999

Dowson and Others v Chief Constable of Northumbria Police: QBD 20 Oct 2010

Six officers sought damages under the 1997 Act alleging harassment by a senior officer of the defendant. Held: Simon J set out what a claimant must prove in an harassment claim: ‘(1) There must be conduct which occurs on at least two occasions, (2) which is targeted at the claimant, (3) which is calculated in … Continue reading Dowson and Others v Chief Constable of Northumbria Police: QBD 20 Oct 2010

Regina v Chief Constable for North Wales Police Area Authority ex parte AB and CD etc: Admn 10 Jul 1997

The police have power to release limited information about offenders. In this case known paedophiles were staying at a campsite, and their criminal record was disclosed to the site owner. There was no harrassment under s3 of the 1968 Act. On any duty of confidence: ‘I have great difficulty in accepting that the information which … Continue reading Regina v Chief Constable for North Wales Police Area Authority ex parte AB and CD etc: Admn 10 Jul 1997

Attorney General v Michael Ronald Unger; Manchester Evening News Limited and Associated Newspapers Limited: Admn 3 Jul 1997

Complaint was made that the defendant newspapers had caused a serious prejudice to a trial by articles published before the trial of the defendant in criminal proceedings. The defendant pleaded guilty to theft at the magistrates’ court after she had been interviewed by a newspaper, which published her statement that she would not be denying … Continue reading Attorney General v Michael Ronald Unger; Manchester Evening News Limited and Associated Newspapers Limited: Admn 3 Jul 1997

K P Warne v Director of Public Prosecutions: Admn 3 Jun 1997

Appeal against conviction for possessing an offensive weapon in a public place, in this case a pickaxe handle. The magistrates had found it adapted for causing injury by the removal of the head. Held: Such an implement ould nt be held to e within the second category of weapon as set out in Williamson. The … Continue reading K P Warne v Director of Public Prosecutions: Admn 3 Jun 1997

Director of Public Prosecutions v Bignall: Admn 16 May 1997

The defendant police officers had obtained information from the Police National Computer, but had used it for improper purposes. Held: The prosecution should have taken place under the 1990 Act as unauthorised access, and had not been used under the 1984 Act. Judges: Lord Justice Pill And Mr Justice Astill Citations: [1997] EWHC Admin 476, … Continue reading Director of Public Prosecutions v Bignall: Admn 16 May 1997

Barnes v Chief Constable of Durham: Admn 24 Apr 1997

The defendant was prosecuted for a driving offence. No identification parade had been held, and he was identified in the dock at court. Held: Despite the firmly-rooted hostility to dock identifications in the Crown Court, they are permitted in driving cases in the magistrates’ court.Popplewell J said: ‘There is no logic in making a distinction … Continue reading Barnes v Chief Constable of Durham: Admn 24 Apr 1997

Chief Constable of Norfolk v Edwards: Admn 19 Mar 1997

Appeal by way of case stated by the Chief Constable of Norfolk against the decision of the Crown Court in which it allowed an appeal against a decision by the Chief Constable to revoke his firearms and shotgun certificates. Judges: Brooke LJ,Blofield J Citations: [1997] EWHC Admin 294, [1997] CLY 4151 Links: Bailii Statutes: Firearms … Continue reading Chief Constable of Norfolk v Edwards: Admn 19 Mar 1997

Regina v Derby and South Derbyshire Magistrate’s Court, ex parte Leandro Pitzettu: Admn 13 Mar 1997

The defendant faced a charge of driving with excess alcohol. His solicitors indicated he would plead guilty, and sought disclosure of police material which they anticipated would support his application for special reasons for not disqualifying him, namely that he had driven only a very short distance. They now appealed a refusal to order CPS … Continue reading Regina v Derby and South Derbyshire Magistrate’s Court, ex parte Leandro Pitzettu: Admn 13 Mar 1997

Director of Public Prosecutions v Royston Cornish: Admn 22 Jan 1997

The prosecutor appealed by case stated against dismissal of a charge of child cruelty. The defence had successfully argued against the admission of taped interviews, saying that the defendant should have been allowed an appropriate adult. Held: The magistrates should have allowed representations from the prosecutor first before disallowing the evidence. Citations: [1997] EWHC Admin … Continue reading Director of Public Prosecutions v Royston Cornish: Admn 22 Jan 1997

Regina v Commissioner of Metropolitan Police ex parte Thompson: Admn 18 Dec 1996

When considering an application for judicial review, where a defendant had been cautioned by the police, it was necessary to recognise that the caution procedure did have legal consequences. Though ‘There is no statutory basis for the formal caution. As is well known, the phrase ‘formal caution’ in this context is used to describe a … Continue reading Regina v Commissioner of Metropolitan Police ex parte Thompson: Admn 18 Dec 1996

Regina v Chief Constable of The Royal Ulster Constabulary Ex Parte Begley; Regina v McWilliams: HL 24 Jul 1997

There is no right at common law to have a solicitor present during a police interview. There was no infringement of the suspect’s human rights by the Northern Ireland Rules. The House discussed its ability to take the law forward: ‘It is true that the House has a power to develop the law. But it … Continue reading Regina v Chief Constable of The Royal Ulster Constabulary Ex Parte Begley; Regina v McWilliams: HL 24 Jul 1997

In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997

The applicant had been detained pending extradition to the United States on charges of fraud. He said the evidence would not have been sufficient to justify his committal for trial. Held: The Francis case did not establish that the 1984 Act did not apply to extradition procceedings, and they might also be admissible under the … Continue reading In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997

Thongjai v the Queen; Lee Chun-Kong v the Queen: PC 5 Aug 1997

HL (Hong Kong) A challenge on the admissibility of an admission is not inconsistent with a denial that it had been made; one is question for judge, the other a question of fact for the jury. Lord Hutton aid that Lord Bridge’s speech in Ajodha was not to be read restrictively as limited to written … Continue reading Thongjai v the Queen; Lee Chun-Kong v the Queen: PC 5 Aug 1997

Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council: CA 16 Apr 1997

The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track. Held: The appeal succeeded. Magistrates refusing to state a case should give brief reasons … Continue reading Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council: CA 16 Apr 1997

Regina v Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others: QBD 1 Oct 1997

Judicial Review is not the appropriate way to challenge the excessive nature of a search warrant issues by magistrates. A private law remedy is better. Jowitt J said: ‘Judicial review is not a fact finding exercise and it is an extremely unsatisfactory tool by which to determine, in any but the clearest of cases, whether … Continue reading Regina v Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others: QBD 1 Oct 1997

In re Saunders (A Bankrupt): ChD 1997

Very emphatic language was required in a statute before want of leave should, without more, result in proceedings being treated as a nullity. Leave could in appropriate circumstances be granted after the event notwithstanding the proceedings had been commenced without leave. The words used in s.130(2) of the Insolvency Act 1986 were, in their historical … Continue reading In re Saunders (A Bankrupt): ChD 1997

Director of Public Prosecutions v Bignell and Another: QBD 6 Jun 1997

Policemen were convicted by the stipendiary magistrate of an offence under 1990 Act. They had requested a police computer operator to obtain information from the Police National Computer about the ownership and registration of two cars for their own purposes. They had no authority to make that request or to obtain that information for that … Continue reading Director of Public Prosecutions v Bignell and Another: QBD 6 Jun 1997

Reynolds v Commissioner of Police of the Metropolis: 1985

A search warrant had been obtained under the 1913 Act. The court considered the existence of a tort of obtaining a search warrant maliciously.Waller LJ discussed the problem facing police officers when a large volume of material were to be examined: ‘To do a detailed examination in the house would no doubt have required several … Continue reading Reynolds v Commissioner of Police of the Metropolis: 1985

McConnell v Police Authority for Northern Ireland: 1997

An award of aggravated damages should not be an extra sum over and above the sum which the Tribunal of fact considers appropriate compensation for the injury to the claimants feelings, and that aggravated damages should not be treated as an extra award which reflects a degree of punishment of a respondent for its behaviour. … Continue reading McConnell v Police Authority for Northern Ireland: 1997

Fay v Chief Constable of Bedfordshire Police: QBD 6 Feb 2003

The claimant had begun proceedings for the return of money held by the respondent. His action was stayed for inactivity, and the respondent later had the claim struck out on the basis that it would be an abuse of process to proceed. Held: The claim could still be tried without unfairness, and accordingly it should … Continue reading Fay v Chief Constable of Bedfordshire Police: QBD 6 Feb 2003

Regina v Acton Justices ex parte McMullen and others: CACD 1991

Evidence in support of an application for a witness’ statement which was to be read out, should be supported by oral evidence, though that may properly be given by a police officer. Citations: (1991) 92 Cr App R 98 Statutes: Criminal Justice Act 1988 23(3) Jurisdiction: England and Wales Cited by: Cited – Lobban, Regina … Continue reading Regina v Acton Justices ex parte McMullen and others: CACD 1991

Regina v Local Authority and Police Authority in the Midlands, ex parte LM: 2000

The court considered the retention of information about an unsubstantiated child sexual abuse allegation. Judges: Dyson J Citations: [2000] 1 FLR 612 Statutes: Police Act 1997 115(7) Jurisdiction: England and Wales Cited by: Cited – Regina (X) v Chief Constable of West Midlands Police QBD 23-Jan-2004 The claimant, a social worker, had been accused of … Continue reading Regina v Local Authority and Police Authority in the Midlands, ex parte LM: 2000

Vellino v Chief Constable of Greater Manchester Police: CA 31 Jul 2001

The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in the fall. The doctrine of ex turpi no oritur actio … Continue reading Vellino v Chief Constable of Greater Manchester Police: CA 31 Jul 2001

Wallace Smith Trust v Deloitte Haskins and Sells: CA 1997

If the party seeking discovery showed that the documents might be necessary for a fair disposal of the action, an order should normally only be refused after the court had examined the documents and considered them in the light of the material already in the applicant’s possession. Simon Brown LJ said: ‘Disclosure will be necessary … Continue reading Wallace Smith Trust v Deloitte Haskins and Sells: CA 1997

In Re L (A Minor) (Police Investigation: Privilege): HL 22 Mar 1996

A report obtained for Children Act proceedings has no privilege against use in evidence. Such proceedings are in the nature of inquisitorial proceedings. Litigation privilege was not applicable in care proceedings and a report prepared may be given to the police. Litigation privilege is essentially a creature of adversarial proceedings and thus cannot exist in … Continue reading In Re L (A Minor) (Police Investigation: Privilege): HL 22 Mar 1996

Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999

The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was caustive of the death by suicide. Held: Police and … Continue reading Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999

Regina v Collins; Pathfinder Mental Health Services NHS Trust and St Georges Health Care NHS Trust ex parte M S: CA 3 Jul 1997

The hospital authorities applied ex parte and were granted a declaration which dispensed with the applicant’s consent to medical treatment. Held: Her appeal was allowed. A declaration (especially one affecting an individual’s personal autonomy) ought not to be made on an ex parte basis, not least because it would be ineffective to achieve its purpose … Continue reading Regina v Collins; Pathfinder Mental Health Services NHS Trust and St Georges Health Care NHS Trust ex parte M S: CA 3 Jul 1997

Reeves (Joint Administratrix of the Estate of Martin Lynch, Deceased) v Commissioner of Police for Metropolis: CA 10 Nov 1997

The fact that the deceased committed suicide whilst in custody does not necessarily absolve the police of blame if the deceased was a known suicide risk. Citations: Times 20-Nov-1997, Gazette 03-Dec-1997, (1998) 41 BMLR 54, [1998] 2 All ER 381, [1999] QB 169, [1998] 2 WLR 401, [1997] EWCA Civ 2686 Links: Bailii Jurisdiction: England … Continue reading Reeves (Joint Administratrix of the Estate of Martin Lynch, Deceased) v Commissioner of Police for Metropolis: CA 10 Nov 1997

Yearly v Crown Prosecution Service: Admn 21 Mar 1997

Having closed their case, the prosecution applied for and were granted opportunity to adduce evidence in the form of certificates under section 69. Held: The court had a discretion to allow further evidence. The magistrates had correctly considered the applicable law, and applied the discretion given to them properly. Citations: [1997] EWHC Admin 308 Statutes: … Continue reading Yearly v Crown Prosecution Service: Admn 21 Mar 1997

Regina v Leeds Magistrates Court ex parte Serif Systems Limited and Hamilton: Admn 9 Oct 1997

The applicant sought that summonses be set aside as an abuse of process, being begun to embarrass him as he set out to become an MP. Thirty one private summonses had been issued. Held: Of the summonses to be continued it could not be said that they had no prospect of success or that they … Continue reading Regina v Leeds Magistrates Court ex parte Serif Systems Limited and Hamilton: Admn 9 Oct 1997

Regina v Newtonabbey Magistrates Court Ex Parte Belfast Telegraph Newspapers Ltd: CANI 27 Aug 1997

When the defendant charged with indecent assault was remanded on bail to await trial, the magistrate ordered that there should be no report of the proceedings at that stage because of the defendant’s concerns that publicity would lead to his being attacked; this would frustrate the administration of justice because he might no longer be … Continue reading Regina v Newtonabbey Magistrates Court Ex Parte Belfast Telegraph Newspapers Ltd: CANI 27 Aug 1997

Galilee v The Commissioner of Police of The Metropolis: EAT 22 Nov 2017

EAT PRACTICE AND PROCEDURE – Case management PRACTICE AND PROCEDURE – Amendment PRACTICE AND PROCEDURE – Time limits Neither the procedural common law doctrine of ‘relation back’ (now defunct – see Beecham Group plc v Norton Healthcare Ltd [1997] FSR 81, Liff v Peasley [1980] 1 WLR 781 and Ketteman v Hansel Properties Ltd [1987] … Continue reading Galilee v The Commissioner of Police of The Metropolis: EAT 22 Nov 2017

Lowrey-Nesbitt v Commissioner of Police of Metropolis: EAT 16 May 1997

Judges: Morison J (P) Citations: [1997] UKEAT 559 – 97 – 1605 Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Commissioner of Police for Metropolis v Lowrey-Nesbitt EAT 13-Jul-1998 A police officer does not work under a contract of employment for Employment Rights Act purposes and so may not claim for unlawful … Continue reading Lowrey-Nesbitt v Commissioner of Police of Metropolis: EAT 16 May 1997

Jones and Lloyd v Director of Public Prosecutions: Admn 23 Jan 1997

The appellants had been peacefully protesting at Stonehenge. They were among others who refused to leave when ordered to do so under an order made by the police officer in charge declaring it to be a trespassory assembly under the 1986 Act. They appealed saying that the assemply had been on a public highway, and … Continue reading Jones and Lloyd v Director of Public Prosecutions: Admn 23 Jan 1997

O’Rourke v Mayor etc of the London Borough of Camden: HL 12 Jun 1997

The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach. Held: The Act was intended to confer a general social benefit of reducing homelessness, not a right in … Continue reading O’Rourke v Mayor etc of the London Borough of Camden: HL 12 Jun 1997

Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police: HL 30 Jul 2008

Police Obligations to Witnesses is Limited A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2. Held: The House was asked ‘If the police are alerted to a threat that D … Continue reading Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police: HL 30 Jul 2008

Sher and Others v Chief Constable of Greater Manchester Police and Others: Admn 21 Jul 2010

The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and detentions had been unlawful since they had not been given sufficient information about … Continue reading Sher and Others v Chief Constable of Greater Manchester Police and Others: Admn 21 Jul 2010

Commissioner of Police for Metropolis v Lowrey-Nesbitt: EAT 13 Jul 1998

A police officer does not work under a contract of employment for Employment Rights Act purposes and so may not claim for unlawful deduction from wages under the Act. Employment is a special statutory relationship, not contractual. Citations: Times 29-Jul-1998, [1998] UKEAT 952 – 97 – 1307 Links: Bailii Jurisdiction: England and Wales Citing: See … Continue reading Commissioner of Police for Metropolis v Lowrey-Nesbitt: EAT 13 Jul 1998

Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981

No collateral attack on Jury findigs. An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many years after conviction … Continue reading Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981

Bento v The Chief Constable of Bedfordshire Police: QBD 1 Jun 2012

The claimant had been convicted of the murder of his girlfriend. On his acquittal on appeal, the police criticised the CPS decision not to retry the claimant, in effect, the claimant now said, continuing the accusation against him, and so defaming him. The defendant pleaded justification. Held: The prosecution case rested in substantial part on … Continue reading Bento v The Chief Constable of Bedfordshire Police: QBD 1 Jun 2012

Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 Jan 2012

The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences of money laundering. Clients of the firm had been arrested and convicted of drug dealing related offences. The firm was … Continue reading Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 Jan 2012

Chief Constable of Humberside Police and Others v The Information Commissioner and Another: CA 19 Oct 2009

Complaints had been made that the police were not deleting from their criminal records very old records of minor convictions. The police appealed against a finding that they should do so under Data Protection Principles. The Police had used a policy agreed with the Respondent, but had withdrawn it following the Bichard inquiry, and replaced … Continue reading Chief Constable of Humberside Police and Others v The Information Commissioner and Another: CA 19 Oct 2009

L, Regina (On the Application of) v Commissioner of Police of the Metropolis: SC 29 Oct 2009

Rebalancing of Enhanced Disclosure Requirements The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private life. The enhanced record revealed that the claimant’s son … Continue reading L, Regina (On the Application of) v Commissioner of Police of the Metropolis: SC 29 Oct 2009

Seal v Chief Constable of South Wales Police: CA 19 May 2005

Mr Seal noisily objected to a neighbour blocking in his car. Police were called who took him into custody under the 1983 Act. He was released several days later, and eventually sought damages for his wrongful treatment. He had failed to first seek permission from the court as was required by s139(2). Held: The appeal … Continue reading Seal v Chief Constable of South Wales Police: CA 19 May 2005

Regina v Isleworth Crown Court ex parte Marland: Admn 28 Oct 1997

A previous conviction of the defendant for a drugs related offence was admissible on a civil application for the forfeiture of cash said to represent the proceeds of drug trafficking under the section 43(1). The court observed that the circumstances in which similar fact evidence would be admitted in a criminal trial were closely circumscribed … Continue reading Regina v Isleworth Crown Court ex parte Marland: Admn 28 Oct 1997

Regina v Dudley Magistrates Court ex parte Hollis; Robert v Same: Admn 25 Nov 1997

An award of costs is inevitable after a finding of statutory nuisance and such costs include cost of establishing the nuisance. ‘The wide discretion as to whether to grant an adjournment conferred by section 10 and section 54 of the Magistrates’ Court Act 1980 cannot, usually, be impugned. But it is a power which must … Continue reading Regina v Dudley Magistrates Court ex parte Hollis; Robert v Same: Admn 25 Nov 1997

Regina v Director of Public Prosecutions ex parte Treadaway: Admn 31 Jul 1997

The applicant had been convicted of a robbery and served a long prison sentence. After release he was awarded damages against some of the police officers for assault. The DPP decided not to proceed against the officers by way of criminal proceedings. The applicant’s conviction was later quashed. The prosecutor replied saying he had applied … Continue reading Regina v Director of Public Prosecutions ex parte Treadaway: Admn 31 Jul 1997

Catt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis: SC 4 Mar 2015

Police Data Retention Justifiable The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T complained of the retention of an harassment warning issued against him. The Commissioner now appealed … Continue reading Catt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis: SC 4 Mar 2015

Regina (X) v Chief Constable of West Midlands Police: QBD 23 Jan 2004

The claimant, a social worker, had been accused of two offences of indecency with children, but the complainants had failed to identify him. The respondent later disclosed those allegations when called upon to provide an enhanced criminal record certificate. The claimant made complaint. Held: The Act gave the respondent a discretion, but did nothing to … Continue reading Regina (X) v Chief Constable of West Midlands Police: QBD 23 Jan 2004

Regina v Secretary of State for the Home Department, Ex Parte Pierson: HL 24 Jul 1997

The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to authorise the doing of acts by the donee of the power … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Pierson: HL 24 Jul 1997

British Transport Police v Norman (Jurisdictional Points: Extension of Time: Just and Equitable): EAT 2 Mar 2015

EAT Jurisdictional Points: Extension of Time: Just and Equitable – Having concluded that it was not possible to determine whether the Claimant’s claims (of disability discrimination by reason of a failure to make reasonable adjustments) were brought out of time without hearing all the evidence (and, thus, would need to be considered at a Full … Continue reading British Transport Police v Norman (Jurisdictional Points: Extension of Time: Just and Equitable): EAT 2 Mar 2015

British Coal Corporation v Keeble and others: EAT 26 Mar 1997

The employer appealed against a decision by the tribunal that it had jurisdiction to hear the complaints of sex discrimination. The tribunal had extended the time for the claim on the just and equitable basis. Held: The EAT set out five criteria for answering whether to extend time: ‘(a) the length of and reasons for … Continue reading British Coal Corporation v Keeble and others: EAT 26 Mar 1997

Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998

Public Identification of Pedophiles by Police AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought to co-operate in the resettlement of the … Continue reading Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998

O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003

The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence. Held: Comparisons between admission of similar fact evidence in civil and criminal proceedings were made. In general, the greater the putative force of the evidence the less ready a court should be to … Continue reading O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003

Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

OLL Ltd v Secretary of State for Transport: QBD 22 Jul 1997

Coastguard Not liable in Negligence Eight children with a teacher and two instructors set off on a canoeing trip but did not return. They got into difficulties at sea. Two became separated from the rest. The canoes capsized and sank. Some tried to swim ashore. Two more members became separated. They were all eventually rescued … Continue reading OLL Ltd v Secretary of State for Transport: QBD 22 Jul 1997

Capital and Counties Plc and Another v Hampshire County Council; Etc: CA 20 Mar 1997

Three cases were brought against fire services after what were said to be negligent responses to call outs. On one, the fire brigade was called to a fire at office premises in Hampshire. The fire triggered the operation of a heat-activated sprinkler system, but on arrival a fire brigade officer gave instructions for the sprinkler … Continue reading Capital and Counties Plc and Another v Hampshire County Council; Etc: CA 20 Mar 1997

South Wales Police v Walters and others: EAT 14 Nov 1997

[1997] UKEAT 621 – 97 – 1411 Bailii England and Wales Citing: Cited – Owusu v London Fire and Civil Defence Authority EAT 1-Mar-1995 The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. The employer said his claim was out of time. Held: Mummery J made the distinction between single … Continue reading South Wales Police v Walters and others: EAT 14 Nov 1997

Darker v Chief Constable of The West Midlands Police: HL 1 Aug 2000

The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were stayed as an abuse of process. The plaintiffs then instituted civil proceedings alleging conspiracy to injure and … Continue reading Darker v Chief Constable of The West Midlands Police: HL 1 Aug 2000

GC v The Commissioner of Police of The Metropolis: SC 18 May 2011

The court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided. Held: (Majority: Lord Dyson, Lord Phillips, Lady Hale, Lord Judge and Lord Kerr. Dissenting: … Continue reading GC v The Commissioner of Police of The Metropolis: SC 18 May 2011

Commisioner of Police of The Metropolis v Shaw: EAT 29 Nov 2011

met_shawEAT2011 EAT VICTIMISATION DISCRIMINATION – RemedyThe Claimant, an officer in the Metropolitan Police, reported dishonest conduct by a colleague. As a result of his complaint, the colleague and his superior officer had him suspended on unfounded disciplinary charges, which were collusively supported by a more senior officer. The charges were in due course dropped, but … Continue reading Commisioner of Police of The Metropolis v Shaw: EAT 29 Nov 2011