Mohammed v Public Service Commission and Others: PC 19 Oct 2017

(From the Court of Appeal of Trinidad and Tobago) Concern as to political independence of the appointment of senior police officers.

Judges:

Lord Kerr, Lord Clarke, Lord Wilson, Lord Carnwath, Lord Hughes

Citations:

[2017] UKPC 31

Links:

Bailii

Jurisdiction:

Commonwealth

Constitutional, Police

Updated: 01 April 2022; Ref: scu.598625

Malik and Others, Regina (on The Application of) v Manchester and Salford Magistrates’ Court and Others: QBD 18 Jul 2017

Challenge to issue of search warrants.

Judges:

Bean LJ, McGowan DBE J

Citations:

[2017] EWHC 2558 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Magistrates, Police

Updated: 01 April 2022; Ref: scu.598433

Citations:

[2017] EWCA Civ 1275

Links:

Bailii

Jurisdiction:

England and Wales

Discrimination, Police

Updated: 28 March 2022; Ref: scu.592334

In re R (Closed Material Procedure : Special Advocates : Funding): FD 13 Jul 2017

Judges:

Cited by:

Cited – Van Colle v Hertfordshire Police QBD 10-Mar-2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of . .
Cited – HM Customs and Excise v Barclays Bank Plc HL 21-Jun-2006
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. . .
Cited – Van Colle and Another v Chief Constable of the Hertfordshire Police CA 24-Apr-2007
The deceased had acted as a witness in an intended prosecution. He had sought protection after being threatened. No effective protection was provided, and he was murdered. The chief constable appealed a finding of liability.
Held: The . .
Cited – Vicario v the Commissioner of Police for the Metropolis CA 21-Dec-2007
The claimant said that the police in deciding not to prosecute the person she said had abused her as a child, had breached a duty of care to her. A prosecution would have allowed her to come to terms with her distress.
Held: The defendant’s . .
Cited – 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 . .
Cited – Trent Strategic Health Authority v Jain and Another HL 21-Jan-2009
The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by . .
Cited – Desmond v The Chief Constable Of Nottinghamshhire Police QBD 1-Oct-2009
The claimant appealed against the striking out of parts of his claim alleging negligence and misfeasance. He had been arrested on suspicion of indecent assault, but then was fully cleared by a third officer. When he later applied for an enhanced CRB . .
Cited – An Informer v A Chief Constable CA 29-Feb-2012
The claimant appealed against dismissal of his claim for damages against the police. He had provided them with information, but he said that they had acted negligently and in breach of contract causing him financial loss. The officer handling his . .
Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
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 . .
Cited – Commissioner of Police of The Metropolis v DSD and Another SC 21-Feb-2018
Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints.
Held: The . .
Cited – SXH v The Crown Prosecution Service (CPS) SC 11-Apr-2017
The Court was asked: ‘Does a decision by a public prosecutor to bring criminal proceedings against a person fall potentially within the scope of article 8 of the European Convention on Human Rights in circumstances where a) the prosecutor has . .
Cited – Robinson v Chief Constable of West Yorkshire Police SC 8-Feb-2018
Limits to Police Exemption from Liability
The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence.
Held: Her appeal . .
Lists of cited by and citing cases may be incomplete.

Police, Negligence

Updated: 25 March 2022; Ref: scu.224321

England and Wales

Police

Updated: 24 March 2022; Ref: scu.581603

England and Wales

Citing:

Police, Torts – Other, Human Rights

Updated: 23 March 2022; Ref: scu.140750

Regina v Jacobs: CACD 28 Dec 2000

A police officer is as entitled as anybody else not to be racially abused. An arrested person made racist remarks against a police officer, and was convicted of the offence of threatening behaviour, racially aggravated. Even though the appellant might not be racist, her offence passed the custody threshold. Even so a short sentence of three months was substituted.

Citations:

Times 28-Dec-2000

Statutes:

Crime and Disorder Act 1998 31(1)(b) 31(4)

Jurisdiction:

England and Wales

Police, Discrimination, Criminal Sentencing

Updated: 23 March 2022; Ref: scu.86986

Attorney General’s Reference No. 3 of 1999: HL 14 Dec 2000

An horrific rape had taken place. The defendant was arrested on a separate matter, tried and acquitted. He was tried under a false ID. His DNA sample should have been destroyed but wasn’t. Had his identity been known, his DNA could have been kept because of other convictions. He was arrested for the rape after a DNA match. It was argued that under the 1984 Act, the sample could not be used in evidence against him. The House considered whether the section was mandatory or directory.
Held: The direction to destroy such a sample was mandatory, and the sample should not have been used for the investigation of an offence. However, ‘paragraph (b), in contrast with paragraph (a), does not go on to provide that, in the event of such unlawful use, the results of the investigation shall not be admissible in evidence against the person who was entitled to the destruction of the sample. Nor does it provide that an unlawful investigation shall be null and void or deemed never to have occurred ‘ Any question as to the fairness of the admissibility of the evidence could still be addressed by the court under section 78.
Lord Steyn said this about the various interests which are served by a criminal trial: ‘The purpose of the criminal law is to permit everyone to go about their daily lives without fear of harm to person or property. And it is in the interests of everyone that serious crime should be effectively investigated and prosecuted. There must be fairness to all sides. In a criminal case this requires the court to consider a triangulation of interests. It involves taking into account the position of the accused, the victim and his or her family, and the public.’

Judges:

Lord Steyn, Lord Cooke of Thorndon, Lord Clyde, Lord Hutton, Lord Hobhouse of Woodborough

Citations:

[2000] UKHL 71, [2001] 2 AC 91, [2001] 1 All ER 577, [2001] Crim LR 394, [2001] HRLR 16, [2001] 2 WLR 56, [2001] 1 Cr App R 34, [2000] Po LR 386

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 64(3B), Human Rights Act 1998

Jurisdiction:

England and Wales

Citing:

Cited – Kuruma v The Queen PC 8-Dec-1954
(Court of Appeal for Eastern Africa) The defendant appealed against his conviction for unlawful possession of ammunition, saying that the evidence had been obtained by unlawful means, and should not have been admitted against him.
Held: Lord . .
Appeal From – Regina v B (Attorney-General’s Reference No 3 of 1999); Regina v Weir CACD 26-May-2000
Where a defendant gave a sample of DNA during an investigation, but the sample was not destroyed on his acquittal, evidence obtained from a cross match relating to a different crime was not admissible. The statute requires the samples to be . .
Cited – Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department CA 21-May-1999
The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant . .
Cited – The Queen v Ireland 1971
(High Court of Australia) Barwick CJ considered the circumstance where, in a criminal trial, a judge was asked to exclude evidence for unfairness: ‘Whenever such unlawfulness or unfairness appears, the judge has a discretion to reject the evidence. . .
Cited – London and Clydeside Estates v Aberdeen District Council HL 8-Nov-1979
Identifying ‘maandatory’ and ‘regulatory’
The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused.
Held: The House . .
Cited – Regina v Khan (Sultan) HL 2-Jul-1996
The police had obtained the evidence against the defendant by fixing a covert listening device at an apartment visited by the defendant, and by recording his conversations there. The defendant appealed, saying that the court should have regard to . .
Cited – Schenk v Switzerland ECHR 12-Jul-1988
The applicant had faced charges of hiring someone to kill his wife. He complained about the use of a recording of his telephone conversation with the man he hired recorded unlawfully by that man.
Held: The ECHR does not address issues about . .
Cited – Fox v Chief Constable of Gwent HL 1986
The driver left an accident. The police entered his home unlawfully, and on his refusal to supply a breath test, he was arrested and charged with faiing to supply.
Held: A lawful arrest is not an essential requirement before a breath test, and . .

Cited by:

See Also – Attorney General’s Reference No 3 of 1999: Application By the British Broadcasting Corporation To Set Aside or Vary a Reporting Restriction Order HL 17-Jun-2009
An application was made to discharge an anonymity order made in previous criminal proceedings before the House. The defendant was to be retried for rape under the 2003 Act, after an earlier acquittal. The applicant questioned whether such a order . .
Cited – Maguire, Re Application for Judicial Review (Northern Ireland) SC 21-Mar-2018
The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to . .
Cited – Hutchings, Re Application for Judicial Review SC 6-Jun-2019
The appellant, a former army officer challenged proceedings against him as to the death of a civilian shot in Northern Ireland in 1974. His trial had been certified for trial by judge alone, and without a jury under section 1 of the 2007 Act.
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Human Rights, Police

Updated: 23 March 2022; Ref: scu.374690

Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018

Limits to Police Exemption from Liability

The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence.
Held: Her appeal succeeded.
It is normally only in a novel type of case, where established principles do not provide an answer, that the courts need to go beyond those principles in order to decide whether a duty of care should be recognised. Since the police generally owe a duty of care not to inflict physical injury by their actions when such a duty arises under the ordinary principles of the law of negligence, unless statute or other common law principle provides otherwise, there was no requirement here to examine whether the recognition of the claimed duty would be fair, just and reasonable.
‘Properly understood, Caparo thus achieves a balance between legal certainty and justice. In the ordinary run of cases, courts consider what has been decided previously and follow the precedents (unless it is necessary to consider whether the precedents should be departed from). In cases where the question whether a duty of care arises has not previously been decided, the courts will consider the closest analogies in the existing law, with a view to maintaining the coherence of the law and the avoidance of inappropriate distinctions. They will also weigh up the reasons for and against imposing liability, in order to decide whether the existence of a duty of care would be just and reasonable.’
and: ‘On examination . . there is nothing in the ratio of any of the authorities relied on by the respondent which is inconsistent with the police being under a liability for negligence resulting in personal injuries where such liability would arise under ordinary principles of the law of tort. That is so notwithstanding the existence of some dicta which might be read as suggesting the contrary.’
[2018] WLR(D) 83

Judges:

Lady Hale, Lord Mance, Lord Reed, Lord Hughes, Lord Hodge

Citations:

[2018] UKSC 4, [2018] 2 WLR 595, [2018] AC 736, [2018] PIQR P9, [2018] 2 All ER 1041, [2018] WLR(D) 83, UKSC 2016/0082

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Video Summary, SC 12 Jul 2017 am Video, SC 2017 Jul 12 pm Video

Jurisdiction:

England and Wales

Citing:

Cited – Hill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .
Appeal from – Robinson v West Yorkshire Police CA 5-Feb-2014
The claimant was a bystander, injured during an arrest on the street by officers employed by the respondent. She now appealed against rejection of her claim in negligence. Held; No duty of care was owed, and that, even if the officers had owed Mrs . .
Cited – Desmond v The Chief Constable of Nottinghamshire Police CA 12-Jan-2011
The claimant appealed from the rejection of his claim in negligence against the police. He had been arrested on suspicion of a sexual assault, but the investigating officer concluded that he was not responsible for the crime. Despite this, several . .
Cited – Anns and Others v Merton London Borough Council HL 12-May-1977
The plaintiff bought her apartment, but discovered later that the foundations were defective. The local authority had supervised the compliance with Building Regulations whilst it was being built, but had failed to spot the fault. The authority . .
Cited – Marc Rich and Co Ag and Others v Bishop Rock Marine Co Ltd and Others HL 6-Jul-1995
A surveyor acting on behalf of the classification society had recommended that after repairs specified by him had been carried out a vessel, the Nicholas H, should be allowed to proceed. It was lost at sea.
Held: The marine classification . .
Cited – MacFarlane and Another v Tayside Health Board HL 21-Oct-1999
Child born after vasectomy – Damages Limited
Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim.
Held: The doctor undertakes a duty of care in regard to the . .
Cited – Smith and Others v The Ministry of Defence SC 19-Jun-2013
The claimants were PRs of men who had died or were severely injured on active duty in Iraq being variously fired at by mistake by other coalition forces, or dying in vehicles attacked by roadside bombs. Appeals were heard against a finding that the . .
Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
Cited – Barrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
Cited – Perrett v Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association) CA 22-May-1998
The plaintiff was a passenger in an aircraft which crashed, and there was a preliminary issue as to the liability to him of those who certified that the aircraft was fit to fly. The propeller was mismatched to the gearbox.
Held: A certifying . .
Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
Cited – Mitchell and Another (Aps) v Glasgow City Council SCS 29-Feb-2008
(Extra Division, Inner House) The pursuers sought to hold the Council responsible in negligence after a neighbour (D) killed the husband and father. The defenders had been aware of D’s threatening and aggressive behaviour towards the deceased, . .
Cited – The Mersey Docks And Harbour Board Trustees v Gibbs And Others; The Mersey Docks And Harbour Board’ Trustees v Pierce, W Penhallow, And Others HL 30-Jun-1866
Persons who have a duty to perform, and who may be made responsible for injuries if they know of causes of mystery which in the discharge of that Duty they ought to remedy, are equally responsible if they negligence they remain ignorant of those . .
Cited – Gorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
Cited – Geddis v Proprietors of Bann Reservoir HL 18-Feb-1878
The owner of land injured by operations authorised by statute ‘suffers a private loss for the public benefit’, and in the absence of clear statutory authority is unable to claim: ‘It is now thoroughly well established that no action will lie for . .
Cited – East Suffolk Rivers Catchment Board v Kent HL 1941
An exceptionally high spring tide caused many breaches of the banks of the River Deben, and extensive flooding, including the respondent’s farm. By section 6 of the 1930 Act, the appellants had a statutory power to maintain the flood defences, but . .
Cited – Dorset Yacht Co Ltd v Home Office HL 6-May-1970
A yacht was damaged by boys who had escaped from the supervision of prison officers in a nearby Borstal institution. The boat owners sued the Home Office alleging negligence by the prison officers.
Held: Any duty of a borstal officer to use . .
Cited – Smith v Littlewoods Organisation Limited (Chief Constable, Fife Constabulary, third party); Maloco v Littlewoods Organisation Ltd HL 1987
The defendant acquired a semi derelict cinema with a view to later development of the site. A fire started by others spread to the pursuer’s adjoining property.
Held: The defendants were not liable in negligence. The intervention of a third . .
Cited – Stovin v Wise, Norfolk County Council (Third Party) HL 24-Jul-1996
Statutory Duty Does Not Create Common Law Duty
The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves . .
Cited – An Informer v A Chief Constable CA 29-Feb-2012
The claimant appealed against dismissal of his claim for damages against the police. He had provided them with information, but he said that they had acted negligently and in breach of contract causing him financial loss. The officer handling his . .
Cited – Murphy v Brentwood District Council HL 26-Jul-1990
Anns v Merton Overruled
The claimant appellant was a house owner. He had bought the house from its builders. Those builders had employed civil engineers to design the foundations. That design was negligent. They had submitted the plans to the defendant Council for approval . .
Cited – Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
Cited – Glasbrook Brothers Limited v Glamorgan County Council HL 1925
A colliery manager asked for police protection for his colliery during a strike. He wanted police officers to be billeted on the premises. The senior police officer for the area was willing to provide protection by a mobile force, but he refused to . .
Cited – The Attorney General v Hartwell PC 23-Feb-2004
PC (The British Virgin Islands) A police officer had taken the police revolver, and used it to shoot the claimant. It was alleged that the respondent police force were vicariously liable for his acts and also . .
Cited – Blackburn v Commissioner of the Police for the Metropolis CA 1968
By common law police officers owe to the general public a duty to enforce the criminal law. However, police are servants of no one but the law itself, and a chief officer of police has a wide discretion as to the manner in which the duty is . .
Cited – Regina v Dytham CACD 1979
A constable was 30 yards away from the entrance to a club, from which he saw a man ejected. There was a fight involving cries and screams and the man was beaten and kicked to death in the gutter outside the club. The constable made no move to . .
Cited – Knightley v Johns and others CA 27-Mar-1981
There had been an accident in a tunnel, blocking it. The defendant inspector ordered a traffic constable to ride into the tunnel on his motorcycle against the flow of traffic. The constable crashed and sought damages for negligence against the . .
Cited – Rigby and another v Chief Constable of Northamptonshire 1985
The police were found liable to pay damages for negligence having fired a gas canister into the plaintiffs’ gunsmith’s hop premises in order to flush out a dangerous psychopath. There had been a real and substantial fire risk in firing the canister . .
Cited – Marshall v Osmond CA 1983
The plaintiff was passenger in a stolen car seeking to escape the police as they chased. The car was stopped, the plaintiff got out of the car, and was hit by a police car. He sought damages.
Held: His appeal against dismissal of his claim was . .
Cited – Calveley v Chief Constable of the Merseyside Police HL 1989
Police officers brought an action in negligence against a Chief Constable on the ground that disciplinary proceedings against them had been negligently conducted. They claimed that the investigating officers had negligently failed to conduct the . .
Cited – Elguzouli-Daf v Commissioner of Police of the Metropolis and Another CA 16-Nov-1994
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to . .
Cited – Ashley and Another v Chief Constable of Sussex Police HL 23-Apr-2008
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now . .
Cited – SXH v The Crown Prosecution Service (CPS) SC 11-Apr-2017
The Court was asked: ‘Does a decision by a public prosecutor to bring criminal proceedings against a person fall potentially within the scope of article 8 of the European Convention on Human Rights in circumstances where a) the prosecutor has . .
Cited – Minio-Paluello v The Commissioner of Police of The Metropolis QBD 16-Dec-2011
The Claimant sought damages for assault (or battery) and/or in negligence arising out of serious injuries which she suffered in the course of a pro-Palestinian demonstration. She was pulled up from the ground by a police officer with excessive . .
Cited – McDonnell v The Commissioner of Police for The Metropolis and Another CA 14-May-2015
The claim for damages by a suspected drug dealer for assault arising from the use of excessive force during his arrest failed only on its facts. . .
Cited – Brooks v Commissioner of Police for the Metropolis and others HL 21-Apr-2005
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, . .

Cited by:

Cited – Steel and Another v NRAM Ltd (Formerly NRAM Plc) SC 28-Feb-2018
The appellant solicitor acted in a land transaction. The land was mortgaged to the respondent bank. She wrote to the bank stating her client’s intention to repay the whole loan. The letter was negligently mistaken and the bankers allowed the . .
Cited – James-Bowen and Others v Commissioner of Police of The Metropolis SC 25-Jul-2018
The Court was asked whether the Commissioner of Police of the Metropolis (‘the Commissioner’) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from . .
Cited – Darnley v Croydon Health Services NHS Trust SC 10-Oct-2018
The claimant had been assaulted. He presented at the defendant hospital with head injuries. Despite his complaints he said he was not treated properly, being told to wait five hours at reception, and went home. Later an ambulance was delayed and he . .
Cited – Poole Borough Council v GN and Another SC 6-Jun-2019
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence, Police

Leading Case

Updated: 11 February 2022; Ref: scu.604215

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 may kill or inflict violence on V, and the police take no action to prevent that occurrence, and D does kill or inflict violence on V, may V or his relatives obtain civil redress against the police, and if so, how and in what circumstances?’
The police appeal in each case was allowed. The fact that Mr Van Colle was to be a witness in a criminal prosecution did not place him in a category to which the test in Osman applied, and there was no valid basis for concluding that the police ought to have known that there was a real and immediate risk to his life. However, if the police had possessed fuller knowledge, they would have had an operational obligation to take all reasonable steps to protect the deceased’s life.
Lord Brown of Eaton-under-Haywood said: ‘police are inevitably faced . . with a conflict of interest between the person threatened and the maker of the threat. If the police would be liable in damages to the former for not taking sufficiently strong action but not to the latter for acting too strongly, the police, subconsciously or not, would be inclined to err on the side of over-reaction. I would regard this precisely as inducing in them a detrimentally defensive frame of mind.’

Judges:

Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Phillips of Worth Matravers, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2008] UKHL 50, [2008] 3 All ER 977, [2008] 3 WLR 593, Times 01-Aug-2008, [2009] PIQR P2, [2008] UKHRR 967, [2008] HRLR 44, [2009] 1 AC 225, [2009] 1 Cr App R 12, [2009] LS Law Medical 1

Links:

Bailii, HL

Statutes:

European Convention on Human Rights 2

Jurisdiction:

England and Wales

Citing:

At First Instance – Van Colle v Hertfordshire Police QBD 10-Mar-2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of . .
Appeal from – Smith v Chief Constable of Sussex Police CA 5-Feb-2008
Allegation f failure by the police to protect the claimant from a violent partner . .
Appeal from – Van Colle and Another v Chief Constable of the Hertfordshire Police CA 24-Apr-2007
The deceased had acted as a witness in an intended prosecution. He had sought protection after being threatened. No effective protection was provided, and he was murdered. The chief constable appealed a finding of liability.
Held: The . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – In re Officer L HL 31-Jul-2007
Police officers appealed against refusal of orders protecting their anonymity when called to appear before the Robert Hamill Inquiry.
Held: ‘The tribunal accordingly approached the matter properly under article 2 in seeking to ascertain . .
Cited – Edwards v The United Kingdom ECHR 14-Mar-2002
The deceased, a young man of mixed race, had been placed in a cell with another prisoner who was known to be violent, racist, and mentally unstable. The staff knew that the panic button was defective. The deceased was murdered by his cell-mate. His . .
Cited – Regina (A and others) (Widgery Soldiers) v Lord Saville of Newdigate and Others CA 19-Dec-2001
The court would apply common sense in deciding whether soldier witnesses should be obliged to attend in person at an enquiry in Londonderry, where they claimed their lives would be at risk. It was not appropriate to seek to define what would be . .
Cited – Dorset Yacht Co Ltd v Home Office HL 6-May-1970
A yacht was damaged by boys who had escaped from the supervision of prison officers in a nearby Borstal institution. The boat owners sued the Home Office alleging negligence by the prison officers.
Held: Any duty of a borstal officer to use . .
Cited – Smith v Littlewoods Organisation Limited (Chief Constable, Fife Constabulary, third party); Maloco v Littlewoods Organisation Ltd HL 1987
The defendant acquired a semi derelict cinema with a view to later development of the site. A fire started by others spread to the pursuer’s adjoining property.
Held: The defendants were not liable in negligence. The intervention of a third . .
Cited – Ancell v McDermott CA 29-Jan-1993
The plaintiff sought damages in negligence. Diesel had been spilled on the road. Though police officers saw it and took basic steps, the deceased was in a car which skidded on the diesel some time later. . .
Cited – Glamorgan Coal Company Ltd v Glamorganshire Standing Joint Committee CA 1916
The court considered the duties on police constables to protect property.
Held: Pickford LJ said: ‘[The defendants] are the police authority and have to make proper police arrangements to maintain the peace. If one party to a dispute is . .
Cited – Glasbrook Brothers Limited v Glamorgan County Council HL 1925
A colliery manager asked for police protection for his colliery during a strike. He wanted police officers to be billeted on the premises. The senior police officer for the area was willing to provide protection by a mobile force, but he refused to . .
Cited – Regina v Dytham CACD 1979
A constable was 30 yards away from the entrance to a club, from which he saw a man ejected. There was a fight involving cries and screams and the man was beaten and kicked to death in the gutter outside the club. The constable made no move to . .
Cited – Brooks v Commissioner of Police for the Metropolis and others HL 21-Apr-2005
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, . .
Cited – Gibson v Orr, the Chief Constable, Strathlclyde Police SCS 26-Feb-1999
The pursuer and his passengers were injured when he drove off a bridge which had been damaged in a severe rainstorm. He claimed in negligence against the police, who had been informed of the collapse of the bridge, but had not erected any warning . .
Cited – Knightley v Johns and others CA 27-Mar-1981
There had been an accident in a tunnel, blocking it. The defendant inspector ordered a traffic constable to ride into the tunnel on his motorcycle against the flow of traffic. The constable crashed and sought damages for negligence against the . .
Cited – Rigby and another v Chief Constable of Northamptonshire 1985
The police were found liable to pay damages for negligence having fired a gas canister into the plaintiffs’ gunsmith’s hop premises in order to flush out a dangerous psychopath. There had been a real and substantial fire risk in firing the canister . .
Cited – Ancell v McDermott CA 29-Jan-1993
The plaintiff sought damages in negligence. Diesel had been spilled on the road. Though police officers saw it and took basic steps, the deceased was in a car which skidded on the diesel some time later. . .
Cited – Clough v Bussan 1990
The defendant, after a car crash, joined in the police as third party defendants, saying that they had contributed to a car accident by failing to do anything about traffic lights which they knew were out of order.
Held: The action against the . .
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – Lavis v Kent County Council QBD 18-Feb-1992
The plaintiff had received serious injuries whilst riding his motor cycle at a road junction for which the defendants were responsible. He alleged that they were liable to him for failing to ensure that proper warning signs were placed at the . .
Cited – Alexandrou v Oxford (Chief Constable of the Merseyside Police) CA 16-Feb-1990
A shop was burgled. The shop-owner blamed the police for their negligent investigation.
Held: The police were not liable in negligence. . .
Cited – Osman and another v Ferguson and another CA 7-Oct-1992
Limits of Police duty to protect
A schoolmaster developed an infatuation for a teenage pupil. It led to the killing of the pupil’s father, the wounding of the pupil, the wounding of a deputy headmaster and the killing of the deputy headmaster’s son. Mr Osman’s widow and the pupil . .
Cited – Wainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
Cited – JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
Cited – 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 . .
Cited – Calvelli and Ciglio v Italy ECHR 17-Jan-2002
The applicants’ baby had died shortly after birth in 1987. They complained about the medical care. The complaint was not investigated speedily by the authority, resulting in a criminal complaint becoming time barred after a conviction in 1994 was . .

Cited by:

Cited – Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening) HL 12-Nov-2008
(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading . .
Cited – Savage v South Essex Partnership NHS Foundation Trust (MIND intervening) HL 10-Dec-2008
The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security.
Held: The Trust’s appeal failed. The fact that . .
Cited – Trent Strategic Health Authority v Jain and Another HL 21-Jan-2009
The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by . .
Cited – Mitchell and Another v Glasgow City Council HL 18-Feb-2009
(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and . .
Cited – Desmond v The Chief Constable Of Nottinghamshhire Police QBD 1-Oct-2009
The claimant appealed against the striking out of parts of his claim alleging negligence and misfeasance. He had been arrested on suspicion of indecent assault, but then was fully cleared by a third officer. When he later applied for an enhanced CRB . .
Cited – Rabone and Another v Pennine Care NHS Trust CA 21-Jun-2010
The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed . .
Cited – Q, Regina (on The Application of) v Q Constabulary and Another Admn 17-Mar-2011
The claimant renewed his request for an order against the defendant that he should be given a place on a witness protection scheme. He had given evidence for the prosecution in a gangland murder trial. A risk assessment had identified a risk ‘real . .
Cited – Equality and Human Rights Commission v Prime Minister and Others Admn 3-Oct-2011
The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not . .
Cited – Rabone and Another v Pennine Care NHS Foundation SC 8-Feb-2012
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed . .
Cited – An Informer v A Chief Constable CA 29-Feb-2012
The claimant appealed against dismissal of his claim for damages against the police. He had provided them with information, but he said that they had acted negligently and in breach of contract causing him financial loss. The officer handling his . .
Cited – Kent County Council, Regina (on The Application of) v HM Coroner for The County of Kent (North-West District) and Others Admn 15-Oct-2012
The council sought review of the coroner’s decision that the inquest would be an article 2 inquest and with a jury. The deceased was 14 years old and had taken methadone. In the months before his death, he had had involvement with the council’s . .
See Also – Van Colle and Van Colle v The United Kingdom ECHR 9-Feb-2010
Statement of Facts . .
See Also – Van Colle v The United Kingdom ECHR 13-Nov-2012
. .
Cited – PBD and Another v Greater Manchester Police QBD 18-Nov-2013
The claimant had acted as police informant for the defendant. He said that the defendant had wrongfully released his identity resulting in him having to seek witness relocation with consequential losses for himself and his partner the co-claimant. . .
Cited – Birks, Regina (On the Application of) v Commissioner of Police of the Metropolis Admn 25-Sep-2014
The claimant police officer sought judicial review of a decision to continue his suspension. He had been investigated and cleared after a death in custody. He sought to join the Church of England Ministry and was offered a post. He was re-assured . .
Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
Cited – Commissioner of Police of The Metropolis v DSD and Another SC 21-Feb-2018
Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints.
Held: The . .
Cited – SXH v The Crown Prosecution Service (CPS) SC 11-Apr-2017
The Court was asked: ‘Does a decision by a public prosecutor to bring criminal proceedings against a person fall potentially within the scope of article 8 of the European Convention on Human Rights in circumstances where a) the prosecutor has . .
Cited – Poole Borough Council v GN and Another SC 6-Jun-2019
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of . .
Lists of cited by and citing cases may be incomplete.

Police, Negligence, Human Rights

Leading Case

Updated: 11 February 2022; Ref: scu.271277

England and Wales

Police

Updated: 09 February 2022; Ref: scu.579645

Updated: 03 February 2022; Ref: scu.206554

British Transport Police v Police Appeals Tribunal: Admn 24 Jan 2019

Judges:

Dingemans J

Citations:

[2019] EWHC 73 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Police

Updated: 03 February 2022; Ref: scu.633144

[2014] EWCA Civ 178, [2014] WLR(D) 97, [2014] ICR 834

Links:

Bailii, WLRD

Statutes:

Employment Rights Act 1996 200

Jurisdiction:

England and Wales

Citing:

Employment, Police

Updated: 01 February 2022; Ref: scu.521628

Mackalley’s Case: 1572

Citations:

[1572] EngR 234, (1572-1616) 9 Co Rep 65, (1572) 77 ER 828

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

See Also – Mackalley’s case 1611
If an officer or magistrate is killed when executing a process or preserving the peace, the offence is murder and remains so even if there is some defect in the process being executed, or the arrest was being made at night.
Constables were . .
Lists of cited by and citing cases may be incomplete.

Crime, Police

Updated: 01 February 2022; Ref: scu.432200

Regina v Secretary of State for the Home Department, ex Parte Northumbria Police Authority: CA 18 Nov 1987

The Authority appealed from refusal of judicial review of a circular issued by the respondent as to the supply of Plastic Baton Rounds and CS gas from central resources only. The authority suggested that the circular amounted to permission for the use of plastic baton rounds for the first time in England and Wales and was ultra vires.
Held: The appeal failed. The Divisional Court was mistaken in construing section 41 as not authorising the Home Secretary to supply the equipment from the central store in the way described in paragraph 4 of the circular. All he is proposing to do is to hold the equipment and make it available for supply on request and without charge to such extent as appears to him to be best calculated to promote the efficiency of the policing.
‘a prerogative of keeping the peace within the realm existed in mediaeval times, probably since the Conquest and, particular statutory provision apart, that it has not been surrendered by the Crown in the process of giving its express or implied assent to the modern system of keeping the peace through the agency of independent police forces. I therefore conclude that, if the necessary power had not been available under section 41 of the 1964 Act, the terms and implementation of paragraph 4 of the Home Office circular would have been within the prerogative powers of the Crown.’

Judges:

Purchas, Croom-Johnson, Nourse LJJ

Citations:

[1988] 2 WLR 590, [1987] EWCA Civ 5, [1989] QB 26

Links:

Bailii

Statutes:

Police Act 1964

Jurisdiction:

England and Wales

Citing:

Cited – Fisher v Oldham Corporation KBD 1930
On Officer was subject to a claim for false imprisonment on an unlawful arrest, and it was asserted that the Watch Committee of the local authority were vicariously liable. The plaintiff pointed to his Oath of Office: ‘I . . . . . . . . . of . . . . . .
Cited – Attorney-General for New South Wales v Perpetual Trustee Co Ltd PC 14-Mar-1955
(Australia) The Crown could not recover damages for the loss of the services of a police constable as the result of injuries caused by the negligence of a third person. A chief constable was an office held under the Crown, and the usual relationship . .
Cited – Regina v Commissioner of Police of the Metropolis, Ex parte Blackburn CA 1968
Answerability of Chief Constables
The constitutional status of the Commissioner had never been defined, either by statute or by the courts. By common law police officers owe to the general public a duty to enforce the criminal law. The court considered the extent to which a court . .
Cited – Proclamations, Case of KBD 1-Nov-1610
The King, as the executive government, sought to govern by making proclamations. In particular the court rejected the proposition that ‘the King by his proclamation may prohibit new buildings in and about London’
Held: The monarch had no power . .
Cited – Harrison v Bush 1855
The office of Secretary of State is in theory one and indivisible.
Lord Campbell CJ stated: ‘In practice, to the Secretary of State for the Home Department . . belongs peculiarly the maintenance of the peace within the kingdom, with the . .
Cited – Coomber (Surveyor of Taxes) v Berkshire Justices HL 3-Dec-1883
The central issue was whether a block of buildings comprising county assize courts and a police station were liable to income tax under Schedule A. If they had been erected as part of the function of government in the administration of justice, then . .
Cited – Attorney General v De Keyser’s Royal Hotel Ltd HL 10-May-1920
A hotel had been requisitioned during the war for defence purposes. The owner claimed compensation. The AG argued that the liability to pay compensation had been displaced by statute giving the Crown the necessary powers.
Held: There is an . .
Cited – Burmah Oil Company (Burma Trading) Limited v Lord Advocate HL 21-Apr-1964
The General Officer Commanding during the war of 1939 to 1945 ordered the appellants oil installations near Rangoon to be destroyed. The Japanese were advancing and the Government wished to deny them the resources. It was done on the day before the . .
Cited – Regina v Criminal Injuries Compensation Board Ex parte Lain QBD 1967
The Crown Prerogative origin of the power to make ex gratia payments does not exclude the scheme under which the payments are made from judicial review. Decisions of the Board may therefore be subject to judicial review.
Lord Parker CJ . .
Cited – Laker Airways v Department of Trade CA 15-Dec-1976
Policy guidance issued by the respondent was unlawful because it was contrary to the statutory objectives laid down for the Civil Aviation Authority by section 3 of the 1971 Act. The court discussed the status of guidance issued by the respondent: . .
Cited – Calvin’s case 1606
Sir Edward Coke said: ‘If this alien becomes an enemy (as all alien friends may) then he is utterly disabled to maintain any action, or get anything within this realm.’ and ‘If a King comes to a kingdom by conquest, he may change and alter the laws . .
Cited – The King v Charles Pinney, Esquire 1-Nov-1832
The case of the Bristol Riots. Littledale J said that, although the posse comitatus might be called out by a justice of the peace, it was generally done by the sheriff. . .
Cited – Crown of Leon (Owners) v Admiralty Commissioners 1921
. .
Cited – China Navigation Co Ltd v Attorney General CA 1932
The Plaintiffs, an English shipping company, carrying on business in Hong Kong, traded in both local and Chinese waters. Its trade consisted both of carrying cargo and passengers. The Chinese and neighbouring waters were infested by pirates who . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 01 February 2022; Ref: scu.262649

Chief Constable of Cumbria v McGlennon: EAT 15 Jul 2002

Citations:

[2002] UKEAT 10 – 01 – 1507, [2002] Emp LR 1148, [2002] ICR 1156, [2002] Po LR 202

Links:

Bailii

Statutes:

Sex Discrimination Act 1975

Jurisdiction:

England and Wales

Citing:

Employment, Police, Discrimination

Updated: 01 February 2022; Ref: scu.202967

P, Regina (on The Application of) v Thames Valley Police: Admn 8 May 2014

Challenge to advanced disclosure of criminal record

Judges:

Mr Justice Foskett

Citations:

[2014] EWHC 1436 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Police

Updated: 01 February 2022; Ref: scu.525081

Updated: 29 January 2022; Ref: scu.671009

Regina v Barkshire and Others: CACD 20 Jul 2011

Undercover police were agents provocateur

The defendants appealed against their convictions for aggravated trespass, saying that the police had infiltrated their environmental protest group, and that the undercover officer had acted as agent provocateur to entrap them into the offences. Their defence had been one of justification.
Held: The appeals succeeded, and the convictions were quashed. The officer who had infiltrated the group had taken steps beyond those allowed in his instructions to the point of making it arguable that he had acted as agent provocateur, and to protect his identity the police had withheld recordings of meetings from the CPS and defence and which would have been of assistance to the defence: ‘These materials were pertinent to a potential submission of abuse of process by way of entrapment and in any event they had the capacity to support the defence of necessity and justification. The trial was rendered unfair and the convictions are unsafe.’ A subsequent prosecution was stopped when the officer’s role was revealed. The prosecutor had then encouraged the defendants in this appeal.

Judges:

Judge LCJ, Treacy, Calvert-Smith JJ

Citations:

[2011] EWCA Crim B3

Jurisdiction:

England and Wales

Citing:

Cited – Regina v H; Regina v C HL 5-Feb-2004
Use of Special Counsel as Last Resort Only
The accused faced charges of conspiring to supply Class A drugs. The prosecution had sought public interest immunity certificates. Special counsel had been appointed by the court to represent the defendants’ interests at the applications.
Cited – Regina v Jones (Margaret), Regina v Milling and others HL 29-Mar-2006
Domestic Offence requires Domestic Defence
Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were . .
Lists of cited by and citing cases may be incomplete.

Crime, Police

Updated: 28 January 2022; Ref: scu.442023

Ashley and Another v Sussex Police: CA 27 Jul 2006

The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and misfeasance. The judge below had accepted that the officer had acted in self-defence, and entered summary judgment against the claimants.
Held: The appeal succeeded. The burden of proving self-defence is on the defendant. The principles of the criminal law and the civil law have diverged in this area. In a civil case the defendant has to show that his mistaken belief is genuine, not that it was reasonable: ‘i) In criminal proceedings the burden of negativing self-defence is on the prosecution. By contrast, in civil proceedings the burden is on the defendant to establish self-defence.
ii) In criminal proceedings a defendant who mistakenly but honestly believes that it is necessary to act in self-defence is entitled to be judged on the basis that his mistaken belief is true. By contrast, in civil proceedings, his belief must be both honestly and reasonably held.
iii) In both criminal and civil proceedings, action taken in self-defence must be reasonable but, in judging what is reasonable, the court must have regard to all the circumstances of the case, including the fact that the action may have to be taken in the heat of the moment.’
As to the allegations of misfeasance in the coduct of the investigation, the claimants did not need to establish any duty of care to them. The allegations were capable of supporting a claim, and the trial should proceed.

Judges:

Sir Anthony Clarke MR, Auld LJ, Arden LJ

Citations:

[2007] 1 WLR 398, Times 30-Aug-2006, [2006] EWCA Civ 1085

Links:

Bailii

Statutes:

Fatal Accidents Act 1976, Law Reform (Miscellaneous Provisions) Act 1934

Jurisdiction:

England and Wales

Citing:

Cited – Watkins v Secretary of State for The Home Departmentand others CA 20-Jul-2004
The claimant complained that prison officers had abused the system of reading his solicitor’s correspondence whilst he was in prison. The defendant argued that there was no proof of damage.
Held: Proof of damage was not necessary in the tort . .
Cited – Watkins v Home Office and others HL 29-Mar-2006
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was . .
Cited – Cope v Sharpe (No 2) CA 1912
The court considered defences to assault; whether the defendant was justified in doing certain acts of trespass on the plaintiff’s land for the purpose of preventing heath fire and consequent loss and damage to the property of the defendant’s . .
Cited – Dumbell v Roberts CA 1944
The court discussed the nature of reasonable grounds for suspicion for an arrest. The threshold for the existence of reasonable grounds for suspicion is low, and the requirement is limited. Scott LJ said: ‘The protection of the public is safeguarded . .
Cited – Cresswell v Sirl CA 1948
The defendant shot and killed the plaintiff’s dog. The plaintiff claimed damages for trespass to property, the property being the dog. The defence was that the defendant was justified in killing the dog because it was threatening his sheep.
Cited – Palmer v The Queen PC 23-Nov-1970
It is a defence in criminal law to a charge of assault if the defendant had an honest belief that he was going to be attacked and reacted with proportionate force: ‘If there has been an attack so that defence is reasonably necessary, it should be . .
Cited – Chan Kau v The Queen PC 1955
In a criminal trial for assault, once the evidence is shown to have raised a possible defense of self-defense, the burden is on the prosecution to prove that the defendant intended to apply unlawful force to the victim: ‘Even under the common law . .
Cited – Dallison v Caffery CACD 1965
It is for the detaining authority to justify all periods of detention.
The court described the common law duty on a prosecutor to disclose material. Lord Denning MR said: ‘The duty of a prosecuting counsel or solicitor, as I have always . .
Cited – Regina v Lobell CCA 11-Mar-1957
The court considered the different standards of proof required for civil and criminal accusations of assault.
Held: Appeal allowed. The onus of proving self-defence as a defence to murder, or a defence of ‘killing se defendendo’, was on the . .
Cited – Freeman v Home Office (No 2) CA 1984
A prisoner brought an action in battery against a prison doctor for administering drugs to him by injection. He argued that he was incapable of consenting to the procedure because he was in the defendant’s custody. . He failed at trial.
Held: . .
Cited – Bici and Bici v Ministry of Defence QBD 7-Apr-2004
Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car.
Held: The incidents occurred in the course of peace-keeping duties. It was . .
Cited – Parkinson v St James and Seacroft University Hospital NHS Trust CA 11-Apr-2001
A mother had undergone a negligent sterilisation, and in due course she gave birth to a disabled child.
Held: The right to bodily integrity is the first and most important of the interests protected by the law of tort. The cases saying that . .
Cited – Wilson v Pringle CA 26-Mar-1986
Two boys played in a school yard. D said he had pulled a bag from the other’s shoulder as an ordinary act of horseplay. The plaintiff said it was a battery.
Held: The defendant’s appeal against summary judgment was allowed. A claim of trespass . .
Cited – F v West Berkshire Health Authority HL 17-Jul-1990
The parties considered the propriety of a sterilisation of a woman who was, through mental incapacity, unable to give her consent.
Held: The appeal succeeded, and the operation would be lawful if the doctor considered it to be in the best . .
Cited – Regina v Williams CACD 1986
The defendant was charged with threatening to kill.
Held: Evidence of previous threatening and violent conduct of Williams towards the victim was rightly admitted to establish an intention on the part of the defendant that the victim should . .
Cited – Blackburn and Others v Bowering and Another CA 5-Nov-1993
It was self defence if the defendant honestly believes the victim was not an officer of court. The issue was the genuineness of the belief, not its reasonableness. . .
Cited – Beckford v The Queen PC 15-Jun-1987
(Jamaica) Self defence permits a defendant to use such force as is reasonable in the circumstances as he honestly believed them to be. ‘If then a genuine belief, albeit without reasonable grounds, is a defence to rape because it negatives the . .
Cited – Regina v Weston 1879
. .
Cited – Regina v Chisam CCA 1963
A defendant’s belief founding a plea of self defence must be both honest and reasonable. A sufficient justification was established if the accused genuinely believed on reasonable grounds that a relative or friend was in imminent danger of injury, . .
Cited – Regina v Fennell CACD 1971
A father was accused of assaulting a police constable in order to release his son from custody. He pleaded self defence, saying that he had believed the arrest unlawful.
Held: The defence failed. A defendant seeking to justify an assault, . .
Cited – New Orleans and Northeastern Railroad Company v Jopes 1891
(United States Supreme Court) The test of necessity as a defence to an accusation of assault is one of the actual presence of imminent danger and a reasonably apparent necessity of taking such action as was taken: ‘We hold, therefore, that the . .
Cited – Chief Constable of Thames Valley Police v Hepburn CA 13-Dec-2002
The claimant sought damages from the police. They had executed a search warrant, and one officer detained the claimant during the raid.
Held: A person who mistakenly restrained an individual in the mistaken belief that he had been lawfully . .
Cited – Lonhro Plc and Others v Fayed and Others (No 5) CA 6-Oct-1993
The plaintiff sought to amend a conspiracy claim, based on arrangements to publish defamatory statements, by adding a claim for damage to reputation and feelings.
Held: Such a claim could not be made in conspiracy. A Plaintiff’s motives in . .
Cited – Regina v Morgan HL 30-Apr-1975
The defendants appealed against their convictions for rape, denying mens rea and asserting a belief (even if mistaken) that the victim had consented.
Held: For a defence of mistake to succeed, the mistake must have been honestly made and need . .
Cited – Albert v Lavin HL 3-Dec-1981
An off duty and out of uniform police officer attempted to restrain the defendant jumping ahead of a bus queue. The defendant struggled, and continued to do so even after being told that of the officer’s status. He said he had not believed that he . .
Cited – Regina v Kimber CACD 1983
For mens rea, it is the defendant’s belief, not the grounds on which it is based, which goes to negative the intent. The guilty state of mind was the intent to use personal violence to a woman without her consent. If the defendant did not so intend, . .
Cited – Regina v Williams (Gladstone) CACD 28-Nov-1983
The defendant believed that the person whom he assaulted was unlawfully assaulting a third party. That person was a police officer, who said he was arresting the other, but did not show his warrant card.
Held: The court considered the issue of . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Cited – Regina v Chief Constable of West Midlands Police Ex Parte Wiley; Other Similar HL 14-Jul-1994
Statements made to the police to support a complaint against the police, were not part of the class of statements which could attract public interest immunity, and were therefore liable to disclosure.
Lord Woolf said: ‘The recognition of a new . .
Cited – Raja v Van Hoogstraten ChD 19-Dec-2005
Damages were claimed after claimant alleged involvement by the defendant in the murder of the deceased. The defendant had been tried and acquitted of murder and manslaughter, but the allegation was now pursued. The defendant had since failed to . .
Cited – Taylor v Anderton (Police Complaints Authority Intervening) CA 19-Jan-1995
Reports, which had been prepared for the purposes of a police complaint procedure, could be entitled to protection from disclosure under a public interest immunity certificate. The court also considered the relationship between the documentation and . .
Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .

Cited by:

Appeal from – Ashley and Another v Chief Constable of Sussex Police HL 23-Apr-2008
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now . .
See Also – Ashley and Another v Sussex Police (1) QBD 19-Dec-2008
The court considered the terms under which copies of the Moonstone report could be redacted and disclosed. . .
See Also – Ashley and Another v Sussex Police (2) QBD 19-Dec-2008
. .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 28 January 2022; Ref: scu.243977

In re T (Wardship: Review of Police Protection Decision) (No 2): FD 2008

The court considered promises of confidentiality given by expert witneses to children.
Held: Full disclosure should be made to the court of the relevant material, and the court should then decide whether the ECHR Article 6 rights of the parties require disclosure

McFarlane J
[2010] 1 FLR 1026, [2008] EWHC 196 (Fam)
England and Wales
Cited by:
Cited – Re A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .

Lists of cited by and citing cases may be incomplete.

Children, Police

Updated: 27 January 2022; Ref: scu.588170

Squire v Thames Valley Police and Another (Regina On The Application of): CA 21 Dec 2016

[2016] EWCA Civ 1315
Bailii
England and Wales

Police

Updated: 27 January 2022; Ref: scu.572743

Miah, Regina (on The Application of) v The Independent Police Complaints Commission: Admn 21 Dec 2016

[2016] EWHC 3310 (Admin)
Bailii
England and Wales

Police

Updated: 27 January 2022; Ref: scu.572721

Moran and Others v Police Scotland: IPT 8 Aug 2016

[2016] UKIPTrib 15 – 602-CH
Bailii
England and Wales

Police, Human Rights

Updated: 26 January 2022; Ref: scu.571770

Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Others: IPT 17 Oct 2016

The claimant NGO challenged the legality of the admitted collection of Bulk Personal Datasets by the Security and Intelligence Agencies.

[2016] UKIPTrib 15 – 110-CH
Bailii
Regulation of Investigatory Powers Act 2000, Security Service Act 1989, Intelligence Services Act 1994, Data Retention and Investigatory Powers Act 2014
England and Wales

Police, Human Rights

Updated: 26 January 2022; Ref: scu.571771

Surrey Police Authority v Beckett: QBD 5 Jul 2001

Where a police officer’s employment had terminated because of the expiry of his fixed term contract by effluxion of time, the police authority was unable to continue to prosecute a disciplinary offence against him.

Times 05-Jul-2001
England and Wales

Police

Updated: 26 January 2022; Ref: scu.89617

Chief Constable of Avon and Somerset Police, Regina (on The Application of) v Police Misconduct Tribunal and Others: Admn 30 Apr 2021

Challenge to decision of the Police Misconduct Tribunal

The Honourable Mrs Justice Steyn DBE
[2021] EWHC 1125 (Admin)
Bailii
England and Wales

Police

Updated: 25 January 2022; Ref: scu.662344

Proimage Ltd and Others, Regina (on The Application of) v Lancashire Magistrates’ Court At Blackburn and Others: Admn 2 Dec 2021

Challenge to grant of search warrants

Mr Justice Andrew Baker
[2021] EWHC 3244 (Admin)
Bailii
England and Wales

Police, Magistrates

Updated: 25 January 2022; Ref: scu.670390

Williams, Regina (on The Application of) v Police Appeals Tribunal and Another: Admn 2 Nov 2016

[2016] EWHC 2708 (Admin)
Bailii
England and Wales

Police

Updated: 24 January 2022; Ref: scu.570788

Williams, Regina (on The Application of) v Police Appeals Tribunal and Others: QBD 2 Nov 2016

[2016] EWHC 2708 (QB)
Bailii
England and Wales

Police

Updated: 24 January 2022; Ref: scu.570729

Rathband v Northumbria Constabulary: QBD 5 Feb 2016

The PRs of an officer who had been shot whilst on duty sued the Chief Constable alleging negligence after he later committed suicide.
Held: The action failed. The claimant, before his death, had over-estimated the time between the warning issued by the assailant and his own death.

Males J
[2016] EWHC 181 (QB)
Bailii
England and Wales
Citing:
Cited – Curtis (AKA Jason) Davis v Commissioner of Police of The Metropolis QBD 15-Jan-2016
The claimant sought damages after being shot by police officers. . .

Lists of cited by and citing cases may be incomplete.

Police, Negligence

Updated: 24 January 2022; Ref: scu.559557

Copp, Regina (on The Application of) v Basildon Crown Court: Admn 29 Apr 2016

Renewed application for four Claimants, all members of the Copp family, for permission to apply for judicial review of the decision by the First Defendant, Basildon Crown Court, to issue search warrants and the execution by the Second Defendant, Essex Police, of those warrants by entering and searching various of the Claimants’ properties.

Burnett LJ, Carr J
[2016] EWHC 2416 (Admin)
Bailii
England and Wales

Police

Updated: 23 January 2022; Ref: scu.569943

Sussex Police v Secretary of State for Transport and Another: QBD 28 Sep 2016

The chief constable sought disclosure of documents held in respect of an investigation of an airplane crash at an air show.

Baron Thomas of Cwmgiedd LCJ
[2016] EWHC 2280 (QB)
Bailii
Convention on International Civil Aviation, signed at Chicago on 7 December 1944, Civil Aviation Act 1982 60, Council Directive 94/56/EC
England and Wales

Police, Transport, Information

Updated: 23 January 2022; Ref: scu.569657

Pile v Chief Constable of Merseyside Police: QBD 18 Sep 2020

The claimant ‘brings this appeal to establish the liberty of inebriated English subjects to be allowed to lie undisturbed overnight in their own vomit soaked clothing. Of course, such a right, although perhaps of dubious practical utility, will generally extend to all adults of sound mind who are intoxicated at home. Ms P, however, was not at home. She was at a police station in Liverpool having been arrested for the offence of being drunk and disorderly. She had emptied the contents of her stomach all over herself and was too insensible with drink to have much idea of either where she was or what she was doing there. Rather than leave the vulnerable claimant to marinade overnight in her own bodily fluids, four female police officers removed her outer clothing and provided her with a clean dry outfit to wear. The claimant was so drunk that she later had no recollection of these events.’
Held: Dismissed.

[2020] EWHC 2472 (QB)
Bailii
England and Wales

Police, Torts – Other

Updated: 22 January 2022; Ref: scu.653959

Sidwell, Regina (on The Application of) v Police Medical Appeal Board and Others: Admn 29 Jan 2015

Appeal against finding that the claimant police officer was not permanently disabled.

Mostyn J
[2015] EWHC 122 (Admin)
Bailii
Police Pensions Regulations 1987
England and Wales

Police

Updated: 22 January 2022; Ref: scu.541981

Reynolds v Commissioner of Police for the Metropolis: CA 18 May 1982

The plaintiff had been awarded andpound;12,000 damages for false imprisonment by the Commissiner’s officers. Officers had suspected the existence of a repeat arsonist operating an insurance fraud. The plaintiff’s husband owned one of the properties. That was the sole ground for her arrest. The judge had found no ground for reasonable suspicion of her.
Held: The grounds were not capable of amounting to a proper suspicion. The damages award was higher than might be awarded by others but was within the proper range.

Waller, O’Connor LJJ, Sir George Baker
[1982] EWCA Civ 7, [1982] Crim LR 600
Bailii
England and Wales
Cited by:
See Also – 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 . .

Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Damages

Updated: 22 January 2022; Ref: scu.262676

Chic Fashions (West Wales) Ltd v Jones: CA 12 Dec 1967

Lord Denning MR said that a constable equipped with a search warrant: ‘may seize not only the goods which he reasonably to be covered by the warrant, but also any other goods which he believes on reasonable grounds to have been stolen and to be material evidence on a charge of stealing or receiving against the person in possession of them or anyone associated with him.’
Salmon LJ: ‘If the preservation of law and order requires that a policeman shall have the power to arrest a man whom he believes on reasonable grounds to be a thief or a receiver, it is difficult to understand why the policeman should not have the power to seize goods on that man’s premises which the policeman believes on reasonable grounds that he has stolen or received’
Police officers had entered the plaintiff’s shop premises armed with a search warrant authorising them to search for goods stolen from A. They found none of A’s goods there, but did find and seize goods which they believed on reasonable grounds to have been stolen from B, C and D. They had no warrant to seize these goods, and there was no previous decided case which indicated that they were entitled to do so. The plaintiff said they had acted unlawfully.
Held: Diplock LJ said: ‘unless forced to do so by recent binding authority, I decline to accept that a police officer who is unquestionably justified at common law in arresting a person whom he has reasonable grounds to believe is guilty of receiving stolen goods, is not likewise justified in the less draconian act of seizing what he, on reasonable grounds, believes to be the stolen goods in that person’s possession.’

Lord Denning MR, Salmon LJ
[1968] QB 299, [1967] EWCA Civ 4, (1968) 132 JP 175, [1968] 1 All ER 229, [1968] 2 WLR 201
Bailii
England and Wales
Citing:
Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .

Cited by:
Cited – Director of the Assets Recovery Agency v Szepietowski and others Admn 29-Sep-2006
The respondent had objected that the appointment of an interim receiver had been based upon information obtained in the course of investigations undertaken in connection with different proceedings and allegations.
Held: The enforcement agency . .
Cited – Regina v Inland Revenue Commissioners ex parte Rossminster Ltd HL 13-Dec-1979
The House considered the power of an officer of the Board of Inland Revenue to seize and remove materials found on premises which a warrant obtained on application to the Common Serjeant authorised him to enter and search; but where the source of . .

Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 22 January 2022; Ref: scu.247610

Nilabati Behera v State of Orissa: 24 Mar 1993

Supreme Court of India – The state owes a particular duty to those involuntarily in its custody. ‘There is a great responsibility on the police or prison authorities to ensure that the citizen in its custody is not deprived of his right to life’.

Verma, Jagdish Saran (J) Verma, Jagdish Saran (J) Anand, as (J) Venkatachala N (J)
(1993) 2 SCC 746, 1993 (2) SCR 581, AIR 1993 SC 1960, [1993] INSC 154, 1993 (2) JT 503
LiiI
England and Wales
Cited by:
Cited – Amin, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Oct-2003
Prisoner’s death – need for full public enquiry
The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death.
Held: There had been a . .

Lists of cited by and citing cases may be incomplete.

Prisons, Police

Updated: 22 January 2022; Ref: scu.186855

McIlkenny v Chief Constable of the West Midlands: CA 1980

The appellant had been convicted of an IRA bombing, causing loss of many lives. The appellant and his other co-accused alleged that their confessions had been induced by police violence. The trial judge ruled that their confessions were voluntary and they were accordingly convicted. The appellant now brought a civil claim against the police for damages for assault based on the alleged violence inflicted in the course of extracting his confession.
Held: Prima facie, re-litigation of an issue which has previously been finally decided by a court of competent jurisdiction is an abuse of process.
The court refused to allow the case to go ahead because the allegations were so serious they could not be believed. Lord Denning MR said: ‘This is such an appalling vista that every sensible person in the land would say: It cannot be right that these actions should go any further’.
The Court of Appeal has no function or power to make a pronouncement of innocence. It may observe that the effect of the material considered in the course of the appeal is demonstrative of innocence but it has no statutory function to make a finding to that effect.
Lord Denning MR said: ‘It has long been recognised that estoppel per rem judicatam or issue estoppel is not an absolute bar to the matter in dispute being tried again. The party concerned can avoid the effect of the previous decision if he can prove the same to have been obtained by fraud or collusion. That was the unanimous opinion of the judges in the Duchess of Kingston’s Case. To which we can add now that the party concerned can avoid the effect of the previous decision if he can show that a new fact has come to light (which he could not have ascertained before by reasonable diligence) which entirely changes the aspect of the case: see Phosphate Sewage Co Ltd v Molleson (1879) 4 App Cas 801, 814 per Earl Cairns LC. This is a much stricter test than we require when we admit fresh evidence on an appeal.’
Reginald Goff LJ said: ‘In my judgment, however, where the issue at the first trial was which of two parties or their witnesses was committing perjury, it is not sufficient merely to aver that the judgment was obtained by perjury since that is no more than to say the decision ought to have gone the other way. There must be sufficient fresh evidence to support the allegation.’

Lord Denning MR, Reginald Goff LJ, Sir George Baker
[1980] QB 283, [1980] 2 All ER 227, [1980] 2 WLR 689
England and Wales
Cited by:
Cited – Regina v Connor and another; Regina v Mirza HL 22-Jan-2004
Extension of Inquiries into Jury Room Activities
The defendants sought an enquiry as to events in the jury rooms on their trials. They said that the secrecy of a jury’s deliberations did not fit the human right to a fair trial. In one case, it was said that jurors believed that the defendant’s use . .
Appeal from – 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 . .
Cited – Adams, Regina (on The Application of) v Secretary of State for Justice SC 11-May-2011
The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. . .
Cited – Nunn v Suffolk Constabulary and Another Admn 4-May-2012
The claimant had been convicted of murder and his appeal had failed. He now sought disclosure of the forensic material held by the police to his own legal team.
Held: Permission to apply for review was granted, but the claim failed. ‘It is . .
Cited – Takhar v Gracefield Developments Ltd and Others SC 20-Mar-2019
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set . .

Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Estoppel

Updated: 21 January 2022; Ref: scu.192247

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 for IRA pub bombings in Birmingham.
Held: This was a collateral attack amounting to an abuse of process, not because of the limits of police immunity, but to provide an effective immunity. The purpose of the action was not in truth to obtain damages from the Chief Constable but to undermine the conviction. Unless debarred from doing so, defendants convicted after a full and fair trial who failed to appeal successfully, may challenge their convictions by suing advocates who appeared for them. Public policy requires a defendant, who seeks to challenge his conviction, to do so directly by seeking to appeal his conviction.
Lord Diplock said: ‘My Lords, this is a case about abuse of the process of the High Court. It concerns the inherent power which any court of justice must possess to prevent misuse of its procedure in a way which, although not inconsistent with the literal application of its procedural rules, would nevertheless be manifestly unfair to a party to litigation before it, or would otherwise bring the administration of justice into disrepute among right-thinking people. The circumstances in which abuse of process can arise are very varied; those which give rise to the instant appeal must surely be unique. It would, in my view, be most unwise if this House were to use this occasion to say anything that might be taken as limiting to fixed categories the kinds of circumstances in which the court has a duty (I disavow the word discretion) to exercise this salutary power.’
. . And ‘The abuse of process which the instant case exemplifies is the initiation of proceedings in a court of justice for the purpose of mounting a collateral attack upon a final decision against the intending plaintiff which has been made by another court of competent jurisdiction in previous proceedings in which the intending plaintiff had a full opportunity of contesting the decision in the court by which it was made.’

Lord Diplock, Lord Russell of Killowen, Lord Keith of Kinkel, Lord Roskill, Lord Brandon
[1982] AC 529, [1981] 3 WLR 906, [1981] UKHL 13, [1981] 3 All ER 727
Bailii
Civil Evidence Act 1968 11
England and Wales
Citing:
Cited – Reichel v Magrath PC 1889
The new vicar of Sparsholt, Dr Magrath, was able to rely on the abuse of process even though he had not been party to earlier proceedings between Reichel and the Bishop of Oxford and the Queen’s College and so was not bound by any issue estoppel . .
Cited – Stevenson v Garnett 1898
AL Smith LJ: ‘The court ought to be slow to strike out a statement of claim or defence, and to dismiss an action as frivolous and vexatious yet it ought to do so when as here, it has been shown that the identical question sought to be raised has . .
Appeal from – McIlkenny v Chief Constable of the West Midlands CA 1980
The appellant had been convicted of an IRA bombing, causing loss of many lives. The appellant and his other co-accused alleged that their confessions had been induced by police violence. The trial judge ruled that their confessions were voluntary . .

Cited by:
Cited – Gribbon v Lutton and Another CA 19-Dec-2001
The defendant solicitors acted in obtaining and holding a deposit on the sale of land. They issued interpleader proceedings which decided that the deposit was payable to the purchaser. The vendor then sued the solicitors in negligence. The . .
Cited – The Secretary of State for Trade and Industry v Bairstow CA 11-Mar-2003
The Secretary of State attempted, in the course of director’s disqualification proceedings, to rely upon findings made against Mr Bairstow in an earlier wrongful dismissal action to which he had been a party but the Secretary of State not. The . .
Cited – Smith v Linskills CA 1996
The claimant, a convicted burglar took proceedings against his former solicitors. He alleged that the negligence of the solicitor caused his wrongful conviction.
Held: The case was dismissed. The claimant was seeking to re-litigate issues . .
Cited – Arthur JS Hall and Co (A Firm) v Simons; Barratt v Woolf Seddon (A Firm); Harris v Schofield Roberts and Hill (A Firm) HL 20-Jul-2000
Clients sued their solicitors for negligence. The solicitors responded by claiming that, when acting as advocates, they had the same immunities granted to barristers.
Held: The immunity from suit for negligence enjoyed by advocates acting in . .
Cited – 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 . .
Cited – Sweetman v Nathan and others CA 25-Jul-2003
The claimant had been engaged with his solicitor in a fraudulent land transaction. He now sought to sue the solicitor for negligence. The solicitor replied that the claimant was unable to rely upon his own unlawful act to make a claim.
Held: . .
Cited – Regina v Chichester Justices ex parte Crowther Admn 14-Oct-1998
The defendant sought judicial review of an order made in 1998 issuing a warrant for his committal for failure to pay a confiscation order made in 1991. He had served 6 years imprisonment, and in default of payment a further 18 months. He was . .
Cited – Good Challenger Navegante S A v Metalexportimport SA CA 24-Nov-2003
The claimant sought to enforce an arbitration award made in 1983. Time might otherwise have expired, but the claimants relied on a fax which they said was an acknowledgement of the debt, and also upon a finding in a Romanian court which created an . .
Cited – Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another Admn 17-Dec-2003
The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation.
Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning . .
Cited – Polanski v Conde Nast Publications Ltd HL 10-Feb-2005
The claimant wished to pursue his claim for defamation against the defendant, but was reluctant to return to the UK to give evidence, fearing arrest and extradition to the US. He appealed refusal of permission to be interviewed on video tape. Held . .
Cited – Regina v Shanks CACD 19-Mar-2003
The appellant appealed his conviction for murder. He had shot his lover as she walked away from an argument. The fact of his conviction following mention of a guilty plea to possession of the firearm was complained of.
Held: The judge had . .
Cited – 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 . .
Cited – Levey, Regina v CACD 27-Jul-2006
The defendant appealed against his conviction of manslaughter of his baby son. He said that a family court had previously investigated the same allegations and had explicitly found itself unable to say which of himself and the mother were . .
Cited – Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts Admn 8-Feb-1999
The defendant sought to have dismissed as an abuse of proces charges against her that as an officer of Customs and Excise prosecuting the now private prosecutor, she had committed various offences.
Held: The magistrate was vested with . .
Cited – Laing v Taylor Walton (A Firm) QBD 20-Feb-2007
The claimant sought to pursue an action for professional negligence against his solicitors. They said that the action was an abuse being an attempted relitigation of matters already settled when a judge had decided that the defendants had not owed a . .
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Cited – Taylor Walton (A Firm) v Laing CA 15-Nov-2007
The appellants appealed against a refusal to strike out as an abuse of process the respondent’s claim against them for professional negligence in the drafting of development agreements.
Buxton LJ considered the nature of the enquiry on such an . .
Cited – Ashley and Another v Chief Constable of Sussex Police HL 23-Apr-2008
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now . .
Cited – In re Norris, Application by Norris HL 28-Jun-2001
The applicant’s husband had been made the subject of a drugs confiscation order. Part of this was an order against the house. She had failed in asserting that the house was hers. Her appeal to a civil court had been disallowed as an abuse. It was . .
Cited – Specialist Group International Ltd v Deakin and Another CA 23-May-2001
Law upon res judicata – action estoppel and issue estoppel and the underlying policy interest whereby there is finality in litigation and litigants are not vexed twice on the same matter.
(May LJ) ‘the authorities taken as a whole tend to . .
Cited – Cheltenham Borough Council v Laird QBD 15-Jun-2009
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job.
Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. . .
Cited – Calzaghe v Warren QBD 20-Jan-2010
The claimant boxer had secured judgement for fight fees from a company operated by the respondent manager and promoter. After the judgment the defendant had put the company into administration. The claimant now sought payment from the defendant . .
Cited – Vaughan v London Borough of Lewisham and Others QBD 11-Apr-2013
The claimant sought an order to restrain anticipated defamatory comments and evidence to be given to an employment tribunal.
Held: It could not be said as the claimant asserted that dfeences were bound to fail, and no determination should be . .
Cited – Hi-Lite Electrical Ltd v Wolseley UK Ltd QBD 17-Jul-2009
The claimant sought a contribution from the defendant towards its liability for a fire at its premises, as found in earlier proceedings against the now claimant. The defendant had filed a defence merely not admitting, and not denying, responsibility . .
Cited – OMV Petrom Sa v Glencore International Ag ComC 7-Feb-2014
The claimant sought to have struck out as abuse of process parts of the defence, saying that the factual issues raised had already been resolved in arbitration proceedings, but as against a different oarty. The defendant replied that the arbitration . .
Cited – Michael Wilson and Partners Ltd v Sinclair and Others ComC 21-Sep-2012
The claimant company alleged that the defendants had variously received assests (shares and cash) acquired by a former partner in the claimant company and held on his behalf, in breach of his obligations to the caimant partnership. The defendants . .
Cited – Spicer v The Commissioner of Police of The Metropolis QBD 6-Jul-2020
The claimant alleged defamation. He had been acquitted of a criminal offence and said that material published by the defendant continued to imply or assert his guilt of the offence. The defendant argued truth. The claimant now sought a strike out of . .
Cited – Amin v Director General of The Security Service and Others CA 26-Jun-2015
The claimant’s claims against the police had been struck out as a collateral attack on a criminal court decision.
Held: ‘If the former decision was made in criminal proceedings leading to a conviction, it is proper to focus attention on the . .
Cited – Amin v Director General of The Security Service (MI5) and Others QBD 26-Jun-2013
The claimant sought damages for personal injury and false imprisonment.
Held: The claim was struck out as an abuse of process. There was an overlap with findings made against him in the Crown Court in a voir dire taking place in the course of . .
Cited – Takhar v Gracefield Developments Ltd and Others SC 20-Mar-2019
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set . .

Lists of cited by and citing cases may be incomplete.

Legal Professions, Police, Estoppel

Updated: 21 January 2022; Ref: scu.181062

Schaller Volpi v Switzerland: ECHR 28 Feb 1996

25147/94, [1996] ECHR 85
Bailii
European Convention on Human Rights
Human Rights

Human Rights, Police, Information

Updated: 21 January 2022; Ref: scu.440298

Merseyside Police Authority v Police Medical Appeal Board and others: Admn 23 Jan 2009

Two police officers had been granted additional retirement annuities on the basis that they had been injured in the execution of their duty. The chief constable denied this. A police officer who was on annual leave was injured whilst exercising the police dog he cared for. The Chief Constable denied that at the time, he was engaged in police work.
Held: ‘ the key considerations are that the concept of injury received in the execution of duty must be given a benevolent application and that it goes beyond active participation in operational duties. It seems to me that the court must give the Board leeway in their application of the concept. ‘

Cranston J
[2009] EWHC 88 (Admin), (2009) 107 BMLR 22
Bailii
Police Regulations 1995, Police Regulations 2003 (2003 SI No. 527), Police (Injury Benefit) Regulations 2006 (SI 2006 No 932)
England and Wales
Citing:
Cited – Regina v Kellam, Ex Parte South Wales Police Authority QBD 2-Jul-1999
An officer victimised on duty by fellow officers and suffering stress had been injured in the execution of his duty for the legislation, and so was entitled to claim benefits under the Pensions Regulations. The officer suffered harassment after his . .
Cited – Regina (ex parte Stunt) v Commissioner of Police of the Metropolis (Mallett) CA 23-Feb-2001
A police officer was subject to disciplinary action, and suffered stress in the prolonged procedure leading to permanent disablement through psychiatric injury.
Held: She was not entitled to retire on a police disability pension since the . .
Cited – Smillie v Lothian and Borders Police Board for Judicial Review of A Decision of A Medical Referee OHCS 28-Oct-2005
. .
Cited – Gavin v London (City) Police Authority 1944
The words ‘in the execution of duty’ are to be given a ‘benevolent’ interpretation. . .
Cited – Clinch v Dorset Police Authority Admn 11-Feb-2003
The claimant appealed refusal of his application for a police pension following an injury suffered, he claimed had occurred on police duty. He claimed to have suffered depression since he failed to be promoted. He said that they had wrongfully . .
Cited – Regina on the Application of Sussex Police Authority v Dr Cooling, French QBD 22-Jul-2004
. .
Cited – South Wales Police Authority v Morgan Admn 8-Oct-2003
A police officer said that his depression had been caused by overwork. After he became depressed, it was made worse by stress and anxiety from an investigation into an injury suffered by his three year old foster son, and financial difficulties . .

Cited by:
Cited – PY, Regina v CACD 22-Jan-2019
Police ‘lawful use’ of dog must be police work
The prosecutor wished to appeal from the acquittal of a police officer, whose police dog, while being exercised, attacked a runner causing injury. The judge had accepted the defence, since the dog required exercise, the officer was using the dog for . .

Lists of cited by and citing cases may be incomplete.

Police

Updated: 20 January 2022; Ref: scu.280140

Ipswich Town Football Club Company Ltd v Suffolk Constabulary: QBD 8 Jul 2016

The court was asked as to the right of the Police to charge for the provision of policing services in two roads adjoining ‘Portman Road’, the football stadium used by Ipswich Town Football Club.

Green J
[2016] EWHC 1682 (QB)
Bailii
England and Wales

Police

Updated: 19 January 2022; Ref: scu.566786

YZ, Regina (on The Application of) v Chief Constable of South Wales Police: Admn 30 Apr 2021

Retention of complaint of serious crime after acquittal

His Honour Judge Jarman QC
Sitting as a Judge of the High Court
[2021] EWHC 1060 (Admin)
Bailii
England and Wales

Police

Updated: 19 January 2022; Ref: scu.662345

Reckless, Regina (on The Application of) v Kent Police Authority: CA 16 Nov 2010

The claimant sought judicial review of the decision to appoint a person to the Police Authority.

Pill, Carnwath, Rimer LJJ
[2010] EWCA Civ 1277
Bailii
Police and Magistrates Court Act 1994, Police Authority Regulations 2008 9
England and Wales

Police

Updated: 18 January 2022; Ref: scu.425956

Jordan, Re Application for Judicial Review: QBNI 4 Sep 2001

An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use.

Kerr J
[2001] NIQB 32
Bailii
European Convention on Human Rights 2
Northern Ireland
Citing:
See Also – Jordan, Re Application for Judicial Review (29) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review (30) CANI 10-Sep-2004
. .
See Also – Jordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
See Also – Jordan, Re Application for Judicial Review CANI 12-Dec-2003
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his . .
See Also – Jordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
See Also – Re Jordan QBNI 6-Jan-2003
. .
See Also – Jordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .

Cited by:
See Also – Jordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .
See Also – Re Jordan QBNI 6-Jan-2003
. .
See Also – Jordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
See Also – Jordan, Re Application for Judicial Review CANI 12-Dec-2003
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his . .
See Also – Jordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
See Also – Jordan, Re Application for Judicial Review (30) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review (29) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .

Lists of cited by and citing cases may be incomplete.

Northern Ireland, Police, Coroners, Human Rights

Updated: 18 January 2022; Ref: scu.202161

RD, Regina (on The Application of) v Secretary of State for Justice and Others: CA 20 Oct 2020

RD was arrested for theft from a shop when a young child. She admitted the offence and no action was taken. After gaining a degree in criminology, she was refused entry as a police service support officer, on the basis of that record. She now appealed against a refusal to expunge the record. It was now accepted that the record was spent and that the refusal had been unlawful.
Held: the requirement for full disclosure by a would-be police constable of all convictions and cautions, including reprimands received as a child, is in accordance with the law within the meaning of Article 8 ECHR and that it is necessary in a democratic society for the prevention of disorder or crime or for the protection of the rights or freedoms of others, however: ‘while this judgment has necessarily focused on the position of would-be police constables in general, it is important not to lose sight of the undoubted fact that this claimant was shabbily treated by the South Wales police. Sadly, it may be too late, in her case, for a fulfilling career within the police service, but it seems to me that any policy which resulted in the application of an otherwise well qualified candidate like RD being peremptorily rejected because of a reprimand received for minor shoplifting at the age of 13 is highly unlikely to be lawful.’

Lord Justice Males
[2020] EWCA Civ 1346
Bailii
England and Wales

Police, Human Rights

Updated: 18 January 2022; Ref: scu.655027

Dillon v Police Service of Northern Ireland: CANI 14 Mar 2016

[2016] NICA 15
Bailii

Northern Ireland, Police

Updated: 18 January 2022; Ref: scu.565961

Percy v Glasgow Corporation: HL 26 May 1922

The bye-laws made under the powers conferred by the Glasgow Corporation Tramways Acts 1870 to 1893 provide that it shall be lawful for any officer or servant of the Corporation to seize and detain any passenger attempting to evade payment of his fare whose name or residence is unknown to such officer or servant.
In an action of damages brought by a passenger against the Corporation the pursuer averred that he tendered in payment of the fare a penny slightly marked but not defaced; that the conductor refused to accept it and summoned a tramway inspector, who demanded another penny from the pursuer, which the pursuer declined to pay; that the inspector and conductor then called a police constable, and gave the pursuer into custody on a charge of refusing to pay the fare not with standing that the pursuer had offered them his name and address; that it was within the scope of their authority as employees of the defenders to give into custody any person attempting to evade payment of his fare whose name and address were unknown to them; that if they had exercised due care in examining the coin tendered by the pursuer they would have seen that they had no ground for exercising this power; that pursuer gave them his name and address at the time; that they, however, recklessly, maliciously, and in an excess of zeal, and in furtherance of the defenders’ interests, gave the pursuer into custody; and that the defenders as their employers were liable. Held ( rev. judgment of the First Division, who had dismissed the action on the ground that the pursuer had pled himself out of court by averring that the officials had acted outside the scope of their authority) that the pursuer’s averments fairly read meant that the defenders’ servants, acting in the course of and within the general scope of their employment, improperly exceeded the powers conferred upon their employers, and that accordingly the case must go to trial.
Observations per Lord Dunedin as to whether in this case the scope of employment need be put in issue.

Viscount Haldane, Viscount Finlay, Viscount Cave, Lord Dunedin, and Lord Wrenbury
[1922] UKHL 313, 59 SLR 313
Bailii
England and Wales

Police, Transport

Updated: 17 January 2022; Ref: scu.632803

Human Rights Watch Inc and Others v The Secretary of State for The Foreign and Commonwealth Office and Others: IPT 16 May 2016

The Tribunal considered further allegations of unlawful police / GCHQ interception of private communications

Burton P, Mitting VP JJ
[2016] UKIPTrib 15 – 165-CH
Bailii
Regulation of Investigatory Powers Act 2000 8(4)
England and Wales

Police, Human Rights

Updated: 16 January 2022; Ref: scu.564197

McCann and Others v The United Kingdom: ECHR 6 Oct 1995

Wrong assumptions made by police officers in the killing of terrorists amounted to a human rights breach, despite the existence of danger to the public of an imminent attack. Article 2(1) is ‘one of the most fundamental provisions in the Convention’. It would have been incumbent on the state to conduct a ‘thorough, impartial and careful examination of the circumstances surrounding the killing’ ‘It must also be borne in mind that, as a provision which not only safeguards the right to life but sets out the circumstances when the deprivation of life may be justified, Article 2 ranks as one of the most fundamental provisions in the Convention.
Together with Article 3 [‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment’], it also enshrines one of the basic values of the democratic societies making up the Council of Europe.’
Article 2 creates not only a substantive obligation on the state not to kill people but, where there was an issue as to whether the state had broken this obligation, also a procedural obligation on the state to carry out an effective official investigation into the circumstances of the deaths.

Times 09-Oct-1995, Independent 06-Oct-1995, 18984/91, (1996) 21 EHRR 97, A324 (1995), [1995] ECHR 31, [1995] ECHR 31
Worldlii, Bailii
European Convention on Human Rights 2(1)
Human Rights
Cited by:
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Amin, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Oct-2003
Prisoner’s death – need for full public enquiry
The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death.
Held: There had been a . .
Cited – Regina v Police Complaints Authority ex parte Green HL 26-Feb-2004
Discovery was sought of statements created during the investigation of a complaint against a police officer. The claimant argued that a police officer had deliberately driven his car at him.
Held: The investigation by a separate police force . .
Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
Cited – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
Cited – In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA 22-Sep-2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . .
Cited – Van Colle v Hertfordshire Police QBD 10-Mar-2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of . .
Cited – Van Colle and Another v Chief Constable of the Hertfordshire Police CA 24-Apr-2007
The deceased had acted as a witness in an intended prosecution. He had sought protection after being threatened. No effective protection was provided, and he was murdered. The chief constable appealed a finding of liability.
Held: The . .
Cited – Bennett, Regina (on the Application of) v HM Coroner for Inner South London and others CA 26-Jun-2007
The deceased had been shot by the police, who mistakenly believed him to be armed. Judicial review was sought saying that the coroner had wrongly refused to leave to the jury the possible verdict of unlawful killing.
Held: The appeal was . .
Cited – Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted . .
Cited – JL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department HL 26-Nov-2008
The prisoner was left with serious injury after attempting suicide in prison. He said that there was a human rights duty to hold an investigation into the circumstances leading up to this.
Held: There existed a similar duty to hold an enhanced . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – McCaughey and Another, Re Application forJudicial Review SC 18-May-2011
The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. . .
Cited – Kent County Council, Regina (on The Application of) v HM Coroner for The County of Kent (North-West District) and Others Admn 15-Oct-2012
The council sought review of the coroner’s decision that the inquest would be an article 2 inquest and with a jury. The deceased was 14 years old and had taken methadone. In the months before his death, he had had involvement with the council’s . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Leading Case

Updated: 16 January 2022; Ref: scu.83503

Anastasi v Police Appeal Tribunal and Others: Admn 14 Sep 2015

Judicial review claim brought by Mark Anastasi against more than one defendant but so far as this appeal is concerned just the second defendant has attended although I am informed that the other defendants take a similar view, and concerns the procedure under police regulations, both before a Panel and an Appeal in which he considers he did not get a fair trial, essentially as a result of not achieving an adjournment of the hearing based on unchallenged medical evidence.

Raeside QC HHJ
[2015] EWHC 4156 (Admin)
Bailii

Police

Updated: 14 January 2022; Ref: scu.563270

Lancashire Constabulary v Wilson and Another: CA 21 Jul 2015

Christopher Clarke LJ
[2015] EWCA Civ 907
Bailii
Policing and Crime Act 2009
England and Wales

Police

Updated: 14 January 2022; Ref: scu.563259

Kandamwala v Cambridgeshire Constabulary HQS: CA 18 Feb 2016

Renewed application for permission to appeal against a judgment dismissing the Applicant’s claim for wrongful arrest and racial discrimination.
Held: Adjourned for hearing transcript

Gloster LJ
[2016] EWCA Civ 171
Bailii
England and Wales

Police, Torts – Other

Updated: 14 January 2022; Ref: scu.563242

Hecke v Manchester and Salford Magistrates Court and Others: Admn 2 Jul 2015

Renewed application for permission to bring judicial review proceedings

Treacy LJ, Edis J
[2015] EWHC 4124 (Admin)
Bailii
England and Wales

Magistrates, Police

Updated: 14 January 2022; Ref: scu.562468

Watson, Regina (on The Application of) v Independent Office for Police Conduct: Admn 30 Oct 2020

Mr Justice Chamberlain
[2020] EWHC 2859 (Admin)
Bailii
England and Wales

Police

Updated: 13 January 2022; Ref: scu.655435

Yousif v Commissioner of Police for The Metropolis: CA 14 Apr 2016

Complaint as to the mis-treatment of the claimant by the police after his arrest.

Lord Dyson MR, Sir Brian Leveson P QBD, Hamblen LJJ
[2016] EWCA Civ 364
Bailii
England and Wales

Police, Torts – Other

Updated: 13 January 2022; Ref: scu.562166

The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd and Others: SC 20 Apr 2016

The Court considered the quantification of damages to be awarded to a business suffering under riots under the 1886 Act, and in particular whether such recoverable losses included compensation for consequential losses, including loss of profits and loss of rent, under section 2 of the 1886 Act, and if so on what basis.
Held: MOPC’s appeal succeeded. Thewording of the Act alone was not able to give a full answer, and recourse was reuired to the earlier legislation. There was no general prinsiple involved to esablish a duty of indemnity from the appellant to the victims. The 1827 Act made it clear that compensation was limited to physical damage. Subsequent stautory amendments and re-eactments didnothing to suggest an extension of that principle. Other earlier statutes had made specific provision for payment of damages to anything beyond damage to buildings, but this was absent from the 1886 Act which had not been intended to alter the basis of payment.
It was difficult to use the public policy of the common law as an interpretative tool because the statutory compensation has never sought to mirror the common law, but has created a self-contained regime for compensation for property damage caused by rioters.

Lord Neuberger, President, Lord Clarke, Lord Hughes, Lord Toulson, Lord Hodge
[2016] UKSC 18, [2016] AC 1488, [2016] 2 All ER (Comm) 483, [2016] WLR(D) 208, [2016] Lloyd’s Rep IR 411, [2016] 4 All ER 283, UKSC 2014/0165
Bailii, Bailii Summary, SC, SC Summary
Riot (Damages) Act 1886 2(1) 3(1), Riot Act 1714, Remedies against the Hundred (England) Act 1827, Criminal Law Act 1722, Malicious Injury Act 1769, Compensation for Injuries to Mills etc Act 1801, Malicious Damage Act 1812, Malicious Damage Act 1816, Seditious Meetings Act 1817, Riotous Assemblies Act 1822, Remedies against the Hundred (England) Act 1827
England and Wales
Citing:
At ComC – Mitsui Sumitomo Insurance Co (Europe) Ltd and Another v The Mayor’s Office for Policing and Crime ComC 12-Sep-2013
In the lead case, Sony’s warehouse at Enfield had been severely damaged in what were said to be riots in August 2011. The court considered preliminary issues as to whether the events constituted a riot within the 1886 Act, and the extent of damages . .
At CA – Mitsui Sumitomo Insurance Co (Europe) Ltd and Others v Mayor’s Office for Policing and Crime CA 20-May-2014
The appellant had suffered damage in a riot, and, under the 1886 Act, the respondent was liable to pay compensation.
Held: The MOPC was liable to pay compensation by way of indemnity. Analysis of section 2(1) suggested compensation for loss . .
Cited – Ratcliffe v Eden et al KBD 22-Nov-1776
There had been a riot by sailors in Liverpool. The cort was asked whether the victim of a riot could recover compensation not only for the damage to his house but for also the destruction of the furniture and household goods within his house. The . .
Cited – Hyde v Cogan And Others 22-Jun-1781
After the anti-Catholic ‘Gordon Riots’ in London in June 1780, which caused extensive damage and destruction of property, including Lord Mansfield’s house in Bloomsbury Square, damages were claied from the local hundred. The hundred argued that the . .
Cited – Mason v Sainsbury 19-Apr-1782
A claim was made upon insurance after a riot. The court asked asked ‘Who is first liable?’ This was not an issue of chronology but of establishing where the primary responsibility lay to make good the loss. The Act laid the primary responsibility . .
Cited – London Assurance Company v SainsburyWood Immigration 28-Jun-1783
An insurance office having paid the assured the amount of the loss sustained by him in consequence of a demolishing by rioters, sued the hundredors under the stat. I G. 1, at. 2, e. 5, s. 6, in their own names. HeId by Lord Mansfield and Butler, J. . .
Cited – Yarl’s Wood Immigration Ltd and others v Bedfordshire Police Authority ComC 30-Sep-2008
The owners of the Yarslwood Immigration centre sought damages under the 1886 Act after a riot at the centre caused substantial damage.
Held: The claim failed: ‘The fact that YWIL and GSL [the appellants] were acting as public authorities . .
Cited – The Kate 1899
The Kate was totally lost in a collision with the defendants’ ship, whilst on the ballast leg of a charterparty. The issue was whether in a case of total loss as opposed to partial loss of a ship without a cargo, the plaintiffs could recover only . .
Cited – The ‘Columbus’ 9-Mar-1849
Where a vessel is sunk in a collision, and compensation is awarded by the Court of Admiralty to the full value of the vessel as for a total loss, the plaintiff will not be able to recover anything in the nature of a demurrage for loss of the . .
Cited – Hanlon v The Law Society HL 1981
The House considered the impact of the statutory charge under the 1974 Act in matrimonial proceedings.
Held: The costs in respect of which the statutory charge bit were the costs of the whole divorce proceedings and not just the financial . .
Cited – Bedfordshire Police Authority v Constable and others ComC 20-Jun-2008
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance . .
Cited – St Mary’s Kenmure and Another v East Dunbartonshire Council and Another SCS 27-Dec-2012
The Court was asked whether section 10 of the 1822 Act provides a remedy to the operators and/ or the heritable proprietors of a secure unit residential facility. . .

Lists of cited by and citing cases may be incomplete.

Police, Damages

Updated: 13 January 2022; Ref: scu.562187

Bennett, Regina (on The Application of) v HM Coroner for Inner South London: Admn 3 Feb 2006

The deceased had been shot by a police officer. The family now challenged the refusal of the coroner to leave to the jury at the inquest a verdict of unlawful killing.
Held: The claim failed.

Collins J
[2006] EWHC 196 (Admin), [2006] HRLR 22, [2006] Inquest LR 21, [2006] Po LR 123, (2006) 170 JP 109
Bailii
England and Wales

Coroners, Human Rights, Police

Updated: 12 January 2022; Ref: scu.561481

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 to be asked to act in a conveyancing matter. The solicitors told the police that they would inform the client of the approach, and if the client wished to proceed they would either seek consent to the transaction from the Serious Organised Crime Agency (SOCA), or, if the client objected, they would withdraw. The police officer said that the client should not be informed of their interest. Receiving instructions, the solicitor acted as requested, obtaining the SOCA consent, and notifying the police officer but not the client. Fuether notifications and conversations were held, and the client was coming under threat of violence. The officers sought arrest warrants against the solicitors, an arrest was made and search warrants executed. After many months on bail no action had been taken against the the claimants.
Held: All the claims failed. The court set out what must be established to justify the arrests – a genuine supsicion, a basis for that suspicion, sufficicient to a reasonable man, a genuine belief that an arrest was necessary, and a basis for that belief sufficient for a reasonable man in possession of the facts and the law.
Though there had been errors by the police there was intelligence to support the warrants, and the officer’s belief was genuine.
Here the first claimant had attended a former client at prison without informing his current representatives, and had made less than full disclosures to SOCA, even though acting in accordance with her understanding of the Guidance to the profession.
The officer’s belief was genuine and would have appeared proper to the reasonable man.
As to the arrests the officere belief in the nececssity fore the arrests was genuine and his actions would appear necessray to the reasonable man.

Globe J
[2012] EWHC 12 (QB)
Bailii
Criminal Justice and Police Act 2001 50, Constables Protection Act 1750 6, Criminal Justice and Police Act 2001 50 52 59
England and Wales
Citing:
Cited – Shields v Merseyside Police CA 17-Nov-2010
The claimant appealed against rejection of her claim for assault and false imprisonment. The officer arresting her wrongly believed that she had already been arrested, and it was said that he could not have gone through the steps necessary for an . .
Cited – British Basic Slag Limited v Registrar of Restrictive Trading Agreements CA 1963
The court considered the meaning of section 6 of the 1956 Act. It was argued that the trial Judge had erred in holding that an arrangement within the meaning of the expression exists when, by communications between the parties, ‘each has . .
Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Cited – Hussien v Chong Fook Kam PC 7-Oct-1969
(Malaysia) The Board considered the propriety of an arrest by the police. Lord Devlin said: ‘An arrest occurs when a police officer states in terms that he is arresting or when he uses force to restrain the individual concerned. It occurs also when . .
Cited – Holgate-Mohammed v Duke HL 1984
A police officer had purported to arrest the plaintiff under the 1967 Act, suspecting her of theft. After interview she was released several hours later without charge. She sought damages alleging wrongful arrest. The judge had found that he had . .
Cited – Hayes v Merseyside Police CA 29-Jul-2011
The claimant had been arrested after a complaint of harassment. The officer then contacted the complainant who then withdrew his complaint. The officer went to visit the complainant to discuss it further. On his return the claimant was released from . .
Cited – O’Hara v Chief Constable of the Royal Ulster Constabulary HL 21-Nov-1996
Second Hand Knowledge Supports Resaobnable Belief
The plaintiff had been arrested on the basis of the 1984 Act. The officer had no particular knowledge of the plaintiff’s involvement, relying on a briefing which led to the arrest.
Held: A reasonable suspicion upon which an arrest was founded . .
Cited – Cumming and others v Chief Constable of Northumbria Police CA 17-Dec-2003
The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each . .
Cited – Regina v Lewes Crown Court ex parte Hill 1991
Bingham LJ said: ‘The Police and Criminal Evidence Act governs a field in which there are two very obvious public interests. There is, first of all, a public interest in the effective investigation and prosecution of crime. Secondly, there is a . .
Cited – 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 . .
Cited – Gibbs and others v Rea PC 29-Jan-1998
(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided . .
Cited – Regina v Chesterfield Justices and Others, Ex Parte Bramley QBD 10-Nov-1999
When police officers executed a search warrant, it was not proper to remove articles at large, in order later to sift through them, and then to return material not covered by the warrant. There is no absolute prohibition against removing articles . .
Cited – Keegan and Others v Chief Constable of Merseyside CA 3-Jul-2003
The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages.
Held: The tort of malicious procurement of a search warrant required it to be established . .
Cited – Bell v The Chief Constable of Greater Manchester Police CA 19-Jul-2005
The claimant had sued over the way he was treated by the respondent in a fraud investigation. The court had dismissed his claims for wrongful arrest and false imprisonment. A prosecution had been commenced but dropped. The judge had held the arrest . .
Cited – Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court Admn 22-Jul-2005
The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina.
Held: The issue of such a warrant was a serious step. . .
Cited – Keegan v United Kingdom ECHR 18-Jul-2006
The claimant had been the subject of a raid by armed police on his home. The raid was a mistake. He complained that the English legal system, in rejecting his claim had not allowed him to assert that the police action had been disproportionate.
Cited – 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 . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Police, Legal Professions, Human Rights

Updated: 12 January 2022; Ref: scu.450312