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Burke v Chief Constable of Merseyside Police: CA 12 Jan 1999

The claimant had lost actions for false imprisonment, malicious prosecution and assault. He sought leave to appeal out of time.
Held: The reasons for requesting an adjournment were quite inadequate, and in the light of Kitching, the case was hopeless. Leave refused.

Judges:

Lord Justice Simon Brown Mr Justice Wilson

Citations:

[1999] EWCA Civ 548

Jurisdiction:

England and Wales

Citing:

CitedDirector of Public Prosecutions v Kitching 1989
The statutory power of arrest in section 91 of the CJA 1967 for the offence of drunk and disorderly in a public place was not repealed by section 26(1), despite the absence of any reference thereto in Schedule 2 to PACE. . .
Lists of cited by and citing cases may be incomplete.

Police, Litigation Practice

Updated: 30 November 2022; Ref: scu.145463

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