Bates and Another v Chief Constable of the Avon and Somerset Police and Another: Admn 8 May 2009

The claimant had had computers seized by the defendant under searches despite his assertion that they contained legally privileged material. The claimant had been discredited as an expert witness in cases relating to the possession of indecent images.
Held: The warrant had been obtained without proper consideration of the question of whether any of the material may be subject to legal professional privilege. The search warrants were unlawful.

Judges:

Richards LJ, Owen J

Citations:

[2009] EWHC 942 (Admin), (2009) 173 JP 31

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 8

Cited by:

See AlsoBates, Regina (on the Application of) v Chief Constable of Avon and Somerset Admn 16-Jun-2009
The claimant had obtained a court order requiring the Chief Constable to return certain computer equipment seized by his officers. In the absence of compliance the claimant sought an order for his committal for contempt of court.
Held: The . .
CitedFitzpatrick 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 . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 25 July 2022; Ref: scu.343064