The claimant had been arrested for swearing at a police officer. After her arrest, the claimant made admissions to secure a caution, rather than risk prosecution. She later sought to begin a civil action for damages against the police in the course of which she the denied the matters which she had earlier admitted.
Held: The claimant’s appeal against a strike out of her claim succeeded. The admissions had been secured by an apparent breach of duty by the officer, and she was not be estopped from bringing the claim. The formal caution is not so closely analogous to a conviction that the claimant should be barred from beginning civil proceedings because of it. An attack on the caution did not involve attacking any decision of a court of co-ordinate jurisdiction.
Lord Justice Mantell said: ‘the caution was not brought about by any decision of a court of justice, so did not fall foul of the rule in Saif Ali. An attack on it did not involve attacking a decision of a court of co-ordinate jurisdiction.’
Judges:
Mantell LJ, Kay LJ
Citations:
Gazette 01-Feb-2001, Times 21-Dec-2000, [2001] 1 WLR 1257, [2000] EWCA Civ 3043, [2000] Po LR 374
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Saif Ali v Sydney Mitchell and Co (a Firm) HL 1978
Extent of Counsel’s Immunity in Negligence
The House considered the extent of a barrister’s immunity from action in negligence, and particularly whether it covered pre-trial acts or omissions in connection with civil proceedings.
Held: A barrister’s immunity from suit extended only to . .
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Criminal Practice, Police
Updated: 10 May 2022; Ref: scu.77618