Regina v Argent: CACD 16 Dec 1996

The defendant complained that, after acting on his solicitor’s advice to not answer questions when interviewed by the police, the court had allowed the jury to draw inferences from his failure. The police had failed to make such full disclosure of the case against the appellant as they could and should have done. The solicitor’s advice not to answer questions in such circumstances was in accordance with Law Society guidance.
Held: The questions of whether the accused has relied on a fact in his defence and if he has whether he failed to mention it in interview are questions of fact for the jury. The jury is concerned not with the correctness of a solicitor’s advice, but with the reasonableness of the defendant’s conduct in all the circumstances including the advice given.
Lord Bingham CJ said: ‘Subsection (2)(d) empowers a jury in prescribed circumstances to draw such inferences as appear proper. The words which we have emphasised embody a recognition of the fact that section 34 is a section which provides for an exception to the common law rule: and it is of course the case that the 1994 Act does not abolish the entitlement of a suspect to remain silent but only and in a limited way derogates from the common law rule that no adverse inference should be drawn against him when he has, after caution, exercised that right. It is not without significance that the new standard caution includes the words: ‘But it may harm your defence if you do not mention when questioned something which you later rely on in court’. Where s. 34 does apply, the jury have to be told to consider whether the accused – not a reasonable man but the man being tried, with all the ‘qualities, apprehensions, knowledge and advice . . he is shown to have had at the time’.
Lord Bingham CJ set out the six conditions to be met: ‘What then are the formal conditions to be met before the jury may draw such an inference? In our judgment there are six such conditions. The first is that there must be proceedings against a person for an offence; that condition must necessarily be satisfied before section 34(2)(d) can bite . . The second condition is that the alleged failure must occur before a defendant is charged . . The third condition is that the alleged failure must occur during questioning under caution by a constable . . The fourth condition is that the constable’s questioning must be directed to trying to discover whether or by whom the alleged offence had been committed . . The fifth condition is that the alleged failure by the defendant must be to mention any fact relied on in his defence in those proceedings. That raises two questions of fact: first, is there some fact which the defendant has relied on in his defence; and second, did the defendant fail to mention it to the constable when he was being questioned in accordance with the section? Being questions of fact these questions are for the jury as the tribunal of fact to resolve . . The sixth condition is that the appellant failed to mention a fact which in the circumstances existing at the time the accused could reasonably have been expected to mention when so questioned. The time referred to is the time of questioning, and account must be taken of all the relevant circumstances existing at that time. The courts should not construe the expression ‘in the circumstances’ restrictively: matters such as time of day, the defendant’s age, experience, mental capacity, state of health, sobriety, tiredness, knowledge, personality and legal advice are all part of the relevant circumstances; and those are only examples of things which may be relevant. When reference is made to ‘the accused’ attention is directed not to some hypothetical, reasonable accused of ordinary phlegm and fortitude but to the actual accused with such qualities, apprehensions, knowledge and advice as he is shown to have had at the time.’

Lord Bingham LCJ
[1996] EWCA Crim 1728, [1997] 2 Cr App R 27, Times 19-Dec-1996, [1997] Crim LR 449
Bailii
Criminal Justice and Public Order Act 1994 34(2)(d), Police and Criminal Evidence Act 1984 78
England and Wales
Cited by:
Cited – Regina v Gill CACD 21-Jul-2000
When a defendant was silent, it was necessary for the court to be especially careful to give precise and accurate directions on the effect of such silence as to the drawing of adverse inferences. Having answered questions on some aspects, it was not . .
Cited – Regina v McGarry CACD 16-Jul-1998
Where the judge decided that no inference could be drawn from the defendant’s silence, because of the absence of facts which could have been mentioned, he had a duty positively to warn the jury not arbitrarily to draw adverse inferences from the . .
Cited – Regina v Webber HL 22-Jan-2004
The defendant complained that the judge had given a direction under s34 even though his counsel had only put matters to witnesses for the prosecution.
Held: A positive suggestion put to a witness by or on behalf of a defendant may amount to a . .
Cited – Petkar and Farquar, Regina v CACD 16-Oct-2003
The defendants appealed their convictions and sentence for theft. Whilst employed by a bank thay had arranged for transfers to their own account. Each blamed the other. They appealed on the basis that the direction on their silence at interview was . .
Cited – T v Director of Public Prosecutions Admn 10-Jul-2007
Appeal by case stated against conviction of having secured entry to premises by violence. Inferences to be drawn from defendant’s silence at police interview. The defendant complained that the magstrates should have set out clearly what inferences . .
Cited – Fitzgerald, Regina v CACD 6-Mar-1998
The defendant appealed against his conviction for robbery. At interview, his solicitor had explained his failure to answer questions by reference to the involvement of others, but in terms which treated this itself as an admission.
Held: The . .
Cited – Regina v Roble CACD 21-Jan-1997
The defendant appealed against his conviction for wounding with intent. He had answered ‘no comment’ in the police interview, but claimed self defence at trial. The court considered what note should be taken of the solicitor’s evidence of his advice . .
Cited – Black v Regina CACD 17-Jul-2020
Disclosure Sufficient to Support Inference
The court was asked whether sufficient evidence had been adduced about the strength of the prosecution case at the time of interview, to permit an adverse inference to be drawn from the failure to mention specific facts pursuant to section 34 of the . .

Lists of cited by and citing cases may be incomplete.

Criminal Practice, Police

Leading Case

Updated: 01 November 2021; Ref: scu.149392

A v East Sussex County Council and Chief Constable of Sussex Police: CA 2 Jul 2010

A appealed against the dismissal of her claim for damages under the 1998 Act after the defendants had taken action anticipating possible abuse of her baby child. The baby had been returned after the suspicions were allayed. She complained that the respondents had acted under section 46, avoiding the need to test their suspicions at court.
Held: The appeal failed. The judge acted properly on the evidence before him and assessed the evidence on the basis of what the decision makers knew (and reasonably should have known) at the time that they had to make decisions. In the light of heightened public concerns about child protection it is not right to criticise ESCC for taking what with the benefit of hindsight might appear an unduly cautious or even heavy approach. ESCC were entitled to conclude that the exercise of statutory powers was necessary to protect B.
Though it was beyond argument that the respondents should have taken the matter to court, the mother was threatening to take the child home immediately, and the officer had advice from a consultant paediatrician which he could not ignore.
Hedley LJ said: ‘child protection is just that. It is protection from the consequences of perceived risk. There will be cases, as here, where either the risk was incorrectly perceived or did not eventuate. That of itself does not mean that protective measures were wrongly taken. It merely illustrates the price that sometimes has to be paid for having a child protection system and it is unfortunate that it was exacted from this appellant and her son. Nevertheless, because child protection powers can have draconian consequences, it is essential that they are exercised lawfully and proportionately . . child protection only comes at a cost: to an innocent parent who is subject to it based on emergency assessment of risk and to public authorities who have had to account in a judicial setting for their exercise of power. It is, however, a cost that has inevitably to be exacted if the most vulnerable members of our society, dependent children, are to be protected by the state.’ and
‘Even in an emergency it is desirable, where possible, to work in partnership with a parent. Parents can with careful and sympathetic explanation be brought to agree to regimes of supervision, or to the child remaining in hospital or even to voluntary accommodation under Part III of the Act for a brief period. Where parents have access to a solicitor (particularly where, as here, he or she is available), then the solicitor should be apprised of the local authority’s concerns and proposals and then be invited (if the solicitor thinks it proper to do so) to give advice to the parent. Even where emergency powers are obtained under Section 44 or exercised under Section 46, least interventions are best. For example the police have power to prevent a removal from hospital. In the circumstances of this case it would have been surprising had the hospital if pressed refused to keep the child for an extra two days. The removal of the child to a known destination (e.g. a relative) is to be preferred to removal to a stranger. If, however, there is removal to a stranger, the parent should, in the absence of good reason (e.g. abusive or irrational behaviour) be informed of the fact and be allowed to pass relevant information to the carer and speedy arrangements be made for contact. ‘

Carnwath, Jackson LJJ, Hedley J
[2010] EWCA Civ 743, [2011] 1 FCR 116, [2010] Fam Law 924, [2010] 2 FLR 1596
Bailii
Human Rights Act 1998 7, Children Act 1989 46
England and Wales
Citing:
Approved – In re X, (Emergency Protection Orders) FD 16-Mar-2006
Within two hours of a case conference which mentioned possible removal of children, but agreed other steps, the local authority applied for an emergency protection order, and forcibly removed the child from the family.
Held: The decision . .
Approved – X Council v B (Emergency Protection Orders) FD 16-Aug-2004
Munby J reviewed the grant of Emergency Protection Orders, and summarised the applicable law: ‘The matters I have just been considering are so important that it may be convenient if I here summarise the most important points:
(i) An EPO, . .
Cited – Langley and others v Liverpool City Council and others CA 11-Oct-2005
Families had challenged the removal of their children into the care of foster parents by the respondents. The family father, who was blind, had taken to driving. The respondents appealed findings that they had acted unlawfully and in breach of the . .

Lists of cited by and citing cases may be incomplete.

Children, Police

Updated: 31 October 2021; Ref: scu.420205

Rice v Connolly: 1966

No Legal Duty to Assist a Constable

At common law there is no legal duty to provide the police with information or otherwise to assist them with their inquiries. Lord Parker set out three questions to be answered when asking whether there had been an obstruction of an officer in the execution of his duties: (1) Was there any obstruction of a constable? (2) Was the Constable acting lawfully in the execution of his duty? And (3) Was the obstruction intended to obstruct the constable in the execution of his duty?
Lord Parker CJ said: ‘It is also in my judgment clear that it is part of the obligations and duties of a police constable to take all steps which appear to him necessary for keeping the peace, for preventing crime or for protecting property from criminal injury. There is no exhaustive definition of the powers and obligations of the police, but they are at least those, and they would further include the duty to detect crime and to bring an offender to justice . . it seems to me quite clear that the defendant was making it more difficult for the police to carry out their duties, and that the police at the time and throughout were acting in accordance with their duties. The only remaining ingredient, and the one upon which in my judgment this case revolves, is whether the obstructing of which the defendant was guilty was a wilful obstruction. ‘Wilful’ in this context not only in my judgment means ‘intentional’ but something which is done without lawful excuse, and that is indeed conceded . . Accordingly, the sole question here is whether the defendant had a lawful excuse for refusing to answer the questions put to him. In my judgment he had. It seems to me quite clear that although every citizen has a moral duty or, if you like, a social duty to assist the police, there is no legal duty to that effect, and indeed the whole basis of the common law is the right of the individual to refuse to answer questions put to him by persons in authority, and to refuse to accompany those in authority to any particular place; short, of course, of arrest.’
. . and ‘In my judgment there is all the difference in the world between deliberately telling a false story someth ing which on no view a citizen has a right to do – and preserving silence or refusing to answer, something which he has every right to do. Accordingly, in my judgment, looked at in that perfectly general way, it was not shown that the refusal of the defendant to answer the questions or to accompany the police officer in the first instance to the police box was an obstruction without lawful excuse. ‘

Lord Parker CJ
[1966] 2 QB 414, [1966] 3 WLR 17
Police Act 1964 51(3)
England and Wales
Citing:
Cited – Hinchcliffe v Sheldon QBD 20-Jan-1955
The appellant was the son of the licensee of an inn. On returning to the inn one night at about 11.17, he found that police officers wished to enter the premises as they suspected that the licensee was committing an offence under the Licensing Act . .

Cited by:
Cited – Ashworth Security Hospital v MGN Limited HL 27-Jun-2002
Order for Journalist to Disclose Sources
The newspaper published details of the medical records of Ian Brady, a prisoner and patient of the applicant. The applicant sought an order requiring the defendant newspaper to disclose the identity of the source of material which appeared to have . .
Cited – Green v Moore 1982
The respondent, a probationer police constable was convicted for obstructing police officers in the execution of their duty under s51(3) of the 1964 Act. He was a regular in a bar he knew was to be raided. He warned the landlord who complied with . .
Cited – Director of Public Prosecutions, Regina (on the Application of) v Glendinning Admn 13-Oct-2005
The defendant had been accused of obstructing a constable in the execution of his duty by warning motorists of presence of a police speed trap. The prosecutor appealed from dismissal of the charge.
Held: ‘the hand signals given by the . .
Cited – Dibble v Ingleton 1972
A motorist was suspected of driving under the influence of alcohol and was required to provide a specimen of breath. He claimed that he had consumed alcohol only a few minutes earlier and the constable had to wait until 20 minutes had elapsed before . .
Cited – Wood v Commissioner of Police for the Metropolis CA 21-May-2009
The appellant had been ostentatiously photographed by the police as he left a company general meeting. He was a peaceful and lawful objector to the Arms Trade. He appealed against refusal of an order for the records to be destroyed. The police had . .
Cited – Lunt v Director of Public Prosecutions QBD 1993
The defendant had been in a road traffic accident. The police came to his house to investigate the accident, but he refused to unlock the door to allow them entry. Stating reliance on section 4 of the 1988 Act, the officers threatened to force . .
Cited – McCann v Crown Prosecution Service Admn 21-Aug-2015
Appeal by case stated against conviction for obstructing a police officer in the execution of his duty. The appellant had been protesting. She, correctly, thought the land to be a rivate highway. The police officer had thought it a public hghway and . .
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 . .

Lists of cited by and citing cases may be incomplete.

Police, Crime

Leading Case

Updated: 31 October 2021; Ref: scu.231648

Yarl’s Wood Immigration Ltd and Others v Bedfordshire Police Authority: CA 23 Oct 2009

The claimant sought to recover the costs of damage to their centre following a riot, saying that under the 1886 Act, they were liable. It appealed against a ruling that they were unable to claim as a public authority, saying that the 1886 Act was not limited in the way suggested.
Held: Though privately operated, the claimants were satisfying a statutory duty. The appeal succeeded, and the claimants could continue with their claims. The law operated within the Centre as much as outside it. The Act imposed strict liability: ‘as is so often the case with strict liability, it is because those who are liable to compensate are also regarded by the law as standing in the shoes of the wrongdoers themselves (as, for instance, in the case of the vicariously liable), in part because their obligation, their strict obligation, is to prevent what has happened happening.’

Rix, Wall, Aikens LJJ
[2009] EWCA Civ 1110, [2010] 2 WLR 1322, [2010] 2 All ER 221
Bailii
Riot (Damages) Act 1886
England and Wales
Citing:
Appeal from – 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 . .
See Also – 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 . .
See Also – Bedfordshire Police Authority v Constable CA 12-Feb-2009
The police had responded to a riot at Yarlswood detention centre. They had insurance to cover their liability under the 1886 Act, but the re-insurers said that the insurance did not cover the event, saying that the liability was for statutory . .
Cited – YL v Birmingham City Council and Others HL 20-Jun-2007
The House was asked whether a private care home when providing accommodation and care to a resident under arrangements with a local authority the 1948 Act, is performing ‘functions of a public nature’ for the purposes of section 6(3)(b) of the Human . .
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 – Radcliffe v Eden 1776
Police Liabie for Damage to Furniture in Riot
The owners of furniture destroyed by rioters who entered a house and damaged it recovered compensation, even though the 1714 Act did not expressly mention furniture.
Lord Mansfield said: ‘To encourage people to resist persons thus riotously . .
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 – Glamorgan Coal Co v Glamorgan Joint Standing Committee 1915
Bankes LJ said that the duties of police forces include the preservation of the peace, the protection of the inhabitants, and the safeguarding of property within their area. . .
Cited – Kaufmann Brothers v Liverpool Corporation KBD 1916
It was argued that a claim under the 1886 Act was a claim for ‘alleged neglect or default’ within the meaning of the 1893 Act, so that the claim was time-barred under that Act.
Held: The argument failed. The 1893 Act did not apply.
Lush J . .
Cited – Pitchers v Surrey County Council 1923
In 1919 there was a riot involving Canadian soldiers from a local Camp. They released fellow soldiers in custody and raided the officers’ mess, and damaged and stole the contents of a tailor’s shop and other shops known as ‘Tin Town’ – a group of . .
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 . .
Applied – Pitchers v Surrey County Council CA 2-Jan-1923
The claimant sought payment for damages to his property after imprisoned Canadian troops were released and came into the town causing damage.
Held: Lord Sterndale said: ‘it is said that this camp under the circumstances ceased to be within the . .
Cited – J W Dwyer Ltd v Metropolitan Police District Receiver 1967
The owner of a jewellery shop claimed to recover compensation from the police for damage to his shop in a smash and grab raid. Since there were more than 3 robbers, the police accepted that there had been a riot but defended the claim on the basis . .
Cited – River Wear Commissioners v Adamson HL 1877
It was not necessary for there to be an ambiguity in a statutory provision for a court to be allowed to look at the surrounding circumstances.
As to the Golden Rule of interpretation: ‘It is to be borne in mind that the office of the judge is . .
Cited – Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
Cited – DH Edmonds Ltd v East Sussex Police Authority CA 6-Jul-1988
The plaintiffs Brighton jewellers sought compensation from the police authority for a raid on their premises by three or four men. Kenneth Jones J at first instance held that the incident did not involve a tumultuous assembly and accordingly the . .
Cited – Moses v Marsland 1901
A ‘public building’ is a building which the public is invited to enter or to which it can demand admission. . .
Cited – Stock v Frank Jones (Tipton) Ltd HL 1978
Where the words of a statute are clear, it is not open to the court to limit, change or disregard that meaning on the ground that the result of the legislation as drafted would be anomalous or absurd.
Lord Simon of Glaisdale said as to an . .

Lists of cited by and citing cases may be incomplete.

Police, Damages

Updated: 31 October 2021; Ref: scu.377240

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 of the public who might be his victims.
Held: The police were under no liability in negligence.
‘The alleged negligence of the police consists in a failure to discover his identity. But if there is no general duty of care owed to individual members of the public by the responsible authorities to prevent the escape of a known criminal or to recapture him, there cannot reasonably be imposed upon any police force a duty of care similarly to identify and apprehend an unknown one. The general sense of public duty which motivates police forces is unlikely to be appreciably reinforced by the imposition of such liability so far as concerns their function in the investigation and suppression of crime. From time to time they make mistakes in the exercise of that function, but it is not to be doubted that they apply their best endeavours to the performance of it. In some instances the imposition of liability may lead to the exercise of a function being carried on in a detrimentally defensive frame of mind. If this action lies, every citizen will be able to require the court to investigate the performance of every policeman. If the policeman concentrates on one crime, he may be accused of neglecting others. If the policeman does not arrest on suspicion a suspect with previous convictions, the police force may be held liable for subsequent crimes. The threat of litigation against a police force would not make a policeman more efficient. The necessity for defending proceedings, successfully or unsuccessfully, would distract the policeman from his duties. This action is misconceived and will do more harm than good.’ It is important not to confuse the immunity rule which extends to witnesses with the question whether or not in particular circumstances a duty of care is owed by the police or by prosecutors.’

Lord Keith, Lord Templeman
[1988] 2 WLR 1049, [1989] AC 53, [1988] 2 All ER 238, [1987] UKHL 12
Bailii
England and Wales
Citing:
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 – Rondel v Worsley HL 1967
Need for Advocate’s Immunity from Negligence
The appellant had obtained the services of the respondent barrister to defend him on a dock brief, and alleged that the respondent had been negligent in the conduct of his defence.
Held: The House considered the immunity from suit of . .
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 . .
Appeal from – Hill v Chief Constable of West Yorkshire CA 1988
. .

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 – Crooks v Ebanks PC 30-Mar-1999
PC (Jamaica) Whilst chasing an armed criminal, the police officer tripped, discharging his gun, which hit the claimant. She sought damages. The officer claimed immunity under the Act.
Held: The dropping of . .
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 – Mullaney v Chief Constable of West Midlands Police CA 15-May-2001
The claimant police officer was severely injured making an arrest. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance.
Held: If a police officer owes a duty of care to . .
Cited – Hughes v National Union of Mineworkers QBD 1991
The court struck out as disclosing no cause of action a claim by a police officer who was injured while policing the miners’ strike and who alleged that the police officer in charge had deployed his men negligently.
Held: The officer in charge . .
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 – JD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
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 – Swinney and Another v Chief Constable of Northumbria CA 22-Mar-1996
The plaintiff, a woman and her husband, had passed on information in confidence to the police about the identity of a person implicated in the killing of a police officer, expressing her concern that she did not want the source of the information to . .
Cited – Bermingham and others v The Director of the Serious Fraud Office QBD 21-Feb-2006
Prosecution to protect defendant not available
The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited.
Held: The Director . .
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 – French and others v Chief Constable of Sussex Police CA 28-Mar-2006
The claimants sought damages for psychiatric injury. They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force.
Held: The claim failed: ‘these claimants have no . .
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 – CBS Songs Ltd v Amstrad Consumer Electronics Plc HL 12-May-1988
The plaintiffs as representatives sought to restrain Amstrad selling equipment with two cassette decks without taking precautions which would reasonably ensure that their copyrights would not be infringed by its users.
Held: Amstrad could only . .
Cited – Welton, Welton v North Cornwall District Council CA 17-Jul-1996
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he . .
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 – North Yorkshire Police Authority, Regina (on The Application of) v The Independent Police Complaints Commission Admn 8-Jul-2010
No Review of IPCC’s Decision to Investigate
A complainant wanted the police force to investigate his mother’s treatment in a care home. When a decision was made that no criminal activity had been revealed, he asked the Police Authority to investigate, but they declined saying that the issue . .
Cited – Michael and Others v South Wales Police and Another CA 20-Jul-2012
The deceased had called the police and said her life was under immediate threat. An officer downgraded its seriousness, and she was killed within 15 minutes by her partner, and before the officers arrived. She had sought assistance four times . .
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 . .
See Also – Hill v Chief Constable of West Yorkshire CA 1988
. .
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 – 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

Leading Case

Updated: 31 October 2021; Ref: scu.180090

Conway v Rimmer: HL 28 Feb 1968

Crown Privilege for Documents held by the Polie

The plaintiff probationary police constable had been investigated, prosecuted and cleared of an allegation of theft. He now claimed damages for malicious prosecution, and in the course of the action, sought disclosure of five documents, but these were withheld on the ground of Crown privilege. The House considered that claim as to civil actions of documents and information in the hands of the police.
Held: The courts will give great weight to preserving the confidentiality of tax documents in the hands of the Revenue.
Lord Reid said: ‘The police are carrying on an unending war with criminals many of whom are today highly intelligent. So it is essential that there should be no disclosure of anything which might give any useful information to those who organise criminal activities.’ However: ‘I would therefore propose that the House ought now to decide that courts have and are entitled to exercise a power and duty to hold a balance between the public interest, as expressed by a Minister, to withhold certain documents or other evidence, and the public interest in ensuring the proper administration of justice. That does not mean that a court would reject a Minister’s view: full weight must be given to it in every case, and if the Minister’s reasons are of a character which judicial experience is not competent to weigh, then the Minister’s view must prevail. But experience has shown that reasons given for withholding whole classes of documents are often not of that character. For example a court is perfectly well able to assess the likelihood that, if the writer of a certain class of document knew that there was a chance that his report might be produced in legal proceedings, he would make a less full and candid report than he would otherwise have done. I do not doubt that there are certain classes of documents which ought not to be disclosed whatever their content may be. Virtually everyone agrees that Cabinet minutes and the like ought not to be disclosed until such time as they are only of historical interest. But I do not think that many people would give as the reason that premature disclosure would prevent candour in the Cabinet. To my mind the most important reason is that such disclosure would create or fan ill-informed or captious public or political criticism.’
As to the different positions of the law in Scotland and England, Lord Reid said: ‘But here we are dealing purely with public policy – with the proper relation between the powers of the executive and the powers of the courts – and I can see no rational justification for the law on this matter being different in the two countries.’

Lord Reid Lord Morris of Borth-y-Gest, Lord Hodson, Lord Pearce, Lord Upjohn
[1968] AC 910, [1968] 2 WLR 998, [1968] 1 All ER 874, [1968] UKHL 2
Bailii
England and Wales
Citing:
Cited – Duncan v Cammell, Laird and Company Limited (Discovery) HL 27-Apr-1942
Relatives of deceased seamen claimed damages against the defendants after their husbands were lost a sea in a submarine built by the defendants. The Ministry of Defence instructed the defendants not to disclose any details of the boat’s . .
Cited – 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 . .
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 by:
Cited – Lonrho Plc v Fayed and Others (No 4 ) CA 27-Oct-1993
Public interest immunity does not attach to documents in the hands of a taxpayer and his advisers. They are not in any event discloseable. (Bingham) ‘a claim made by the revenue to withhold documents relating to a taxpayer’s tax affairs from . .
Cited – Home Office v Hariette Harman HL 11-Feb-1982
The defendant had permitted a journalist to see documents revealed to her as in her capacity as a solicitor in the course of proceedings.
Held: The documents were disclosed under an obligation to use them for the instant case only. That rule . .
Cited – Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C SCS 18-Dec-2001
A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act.
Held: The prisoner had followed through his rights to . .
Cited – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4) Admn 4-Feb-2009
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of . .
Cited – Al Rawi and Others v The Security Service and Others QBD 18-Nov-2009
The claimants sought damages from the defendants saying that they had been held and ill treated at various detention centres by foreign authorities, but with the involvement of the defendants. The defendants sought to bring evidence before the court . .
Cited – Al Rawi and Others v The Security Service and Others CA 4-May-2010
Each claimant had been captured and mistreated by the US government, and claimed the involvement in and responsibility for that mistreatment by the respondents. The court was asked whether a court in England and Wales, in the absence of statutory . .
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 . .
Cited – Science Research Council v Nasse; BL Cars Ltd (formerly Leyland Cars) v Voias HL 1-Nov-1979
Recent statutes had given redress to anyone suffering unlawful discrimination on account of race sex or trade union activities. An employee sought discovery of documents from his employer which might reveal such discrimination.
Held: The court . .
Cited – Al Rawi and Others v The Security Service and Others SC 13-Jul-2011
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the . .
Cited – Arias and Others v Commissioner for the Metropolitan Police and Another CA 1-Aug-1984
A police officer searched premises under a warrant seizing documents of a trust corporation managed by the occupier. The trustees sought return of the documents or, alternatively, copies of them. The police believed that the documents were evidence . .
Cited – Andrew v News Group Newspapers Ltd and Commissioner of the Police for the Metropolis ChD 18-Mar-2011
The claimant sought unredacted disclosure of documents by the second defendant so that he could pursue an action against the first, who, he said, were thought to have intercepted his mobile phone messages, and where the second defendant had . .
Cited – In re A (A Child) SC 12-Dec-2012
A woman, X, had made an allegation in confidence she had been sexually assaulted as a child. The court was asked whether that confidence could be overriden to allow an investigation to protect if necessary a child still living with the man. Evidence . .
Cited – Regina v Lewes Justices ex parte Secretary of State for the Home Department; Rogers v Home Secretary HL 1972
The House considered a claim for public interest immunity.
Held: Lord Simon of Glaisdale said: ‘the public interest which demands that the evidence be withheld has to be weighed against the public interest in the administration of justice that . .
Cited – Haralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .

Lists of cited by and citing cases may be incomplete.

Taxes Management, Constitutional, Police, Litigation Practice

Leading Case

Updated: 31 October 2021; Ref: scu.184570

Gallastegui, Regina (on The Application of) v Westminster City Council and Others: CA 30 Jan 2013

The claimant was a campaigner wanting to continue a vigil in Parliament Square. He challenged the restrictions imposed by the 2011 Act with her Human Rights.
Held: Her appeal failed: ‘The importance of the freedom to protest in Parliament Square is not in doubt. But the rights of others to use Parliament Square (for protesting as well as simply enjoying the space) are also important. If the effect of the 2011 Act had been to give the police and/or Westminster and the GLA the power significantly, to emasculate the freedom to protest then it might have been necessary to declare that the statute was incompatible with articles 10 and 11 of the Convention. But the statute is carefully targeted only at protests by those few who wish to set up camp in Parliament Square. The freedom to protest generally is not impaired at all. ‘

Lord Dyson MR, Patten, Tomplinson LJJ
[2013] EWCA Civ 28, [2013] WLR(D) 45, [2013] 2 All ER 579, [2013] HRLR 15, [2013] 1 WLR 2377
Bailii, WLRD
European Convention on Human Rights 6 1011, Police Reform and Social Responsibility Act 2011
England and Wales

Police, Human Rights

Updated: 31 October 2021; Ref: scu.470664

Christie v Leachinsky: HL 25 Mar 1947

Arrested Person must be told basis of the Arrest

Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the felony of stealing a bale of cloth, which they had reasonable grounds for suspecting.
Held: Police officers must at common law give a detained person a reason for his arrest at or within a reasonable time of the arrest. Under ordinary circumstances, the police should tell a person the reason for his arrest at the time they make the arrest. If a person’s liberty is being restrained, he is entitled to know the reason. If the police fail to inform him, the arrest will be held to be unlawful, with the consequence that if the police are assaulted as the suspect resists arrest, he commits no offence, and if he is taken into custody, he will have an action for wrongful imprisonment.
Viscount Simon summarised a police officer’s powers of arrest at common law: ‘(1) If a policeman arrests without warrant upon reasonable suspicion of felony, or of other crime of a sort which does not require a warrant, he must in ordinary circumstances inform the person arrested of the true ground of arrest. He is not entitled to keep the reason to himself or to give a reason which is not the true reason. In other words a citizen is entitled to know on what charge or on suspicion of what crime he is seized. (2) If the citizen is not so informed but is nevertheless seized, the policeman, apart from certain exceptions, is liable for false imprisonment. (3) The requirement that the person arrested should be informed of the reason why he is seized naturally does not exist if the circumstances are such that he must know the general nature of the alleged offence for which he is detained. (4) The requirement that he should be so informed does not mean that technical or precise language need be used. The matter is a matter of substance, and turns on the elementary proposition that in this country a person is, prima facie, entitled to his freedom and is only required to submit to restraints on his freedom if he knows in substance the reason why it is claimed that this restraint should be imposed. (5) The person arrested cannot complain that he has not been supplied with the above information as and when he should be, if he himself produces the situation which makes it practically impossible to inform him, e.g., by immediate counter-attack or by running away. There may well be other exceptions to the general rule in addition to those I have indicated, and the above propositions are not intended to constitute a formal or complete code, but to indicate the general principles of our law on a very important matter.’
Lord Simonds said: ‘it is not an essential condition of lawful arrest that the constable should at the time of arrest formulate any charge at all, much less the charge which may ultimately be found in the indictment’.
Lord du Parcq said: ‘ . . a man is entitled to his liberty, and may, if necessary, defend his own freedom by force. If another person has a lawful reason for seeking to deprive him of that liberty, that person must as a general rule tell him what the reason is, for, unless he is told, he cannot be expected to submit to arrest, or blamed for resistance.’

Viscount Simon, Lord Thankerton, Lord Macmillan, Lord Simonds, Lord du Parcq
[1947] AC 573, [1947] UKHL 2, [1947]1 All ER 567, [1947] 63 TLR 231, (1947) 111 JP 224
Bailii
Liverpool Corporation Act of 1921
England and Wales
Citing:
Cited – 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 . .
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 – Samuel v Payne 1780
A ploce constable can justify an arrest made on a charge preferred by another person, although no felony had in fact been committed. . .
Cited – Williams v Dawson 1788
Buller J said: ‘That if a peace officer of his own head takes a person into custody on suspicion, he must prove that there was such a crime committed; but that if he receives a person into custody on a charge preferred by another of felony or a . .
Cited – Hobbs v Branscomb 1813
. .
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 – Rex v Ford 1817
It is not necessary for a person making an arrest to state the charge to the person detained in technical or precise language. . .
Cited – Hooper v Lane 1847
A man taken prisoner is entitled to know why. Lord Cranworth said: ‘The sheriff is bound, when he executes the writ, to make known the ground of the arrest, in order, among other reasons, that the person arrested may know whether he is or is not . .
Cited – Rex v Howarth 1828
There is no need for a police officer to tell a man why he is being arrested when he must, in the circumstances of the arrest, know the reason already. . .
Cited – Cowles v Dunbar 24-Feb-1827
Abbott CJ said: ‘if a reasonable charge of felony is given, a constable is bound to take the offender into custody’. . .
Cited – Beckwith v Philby KBD 1827
Lord Tenterden CJ contrasted the powers of an ordinary citizen and of a police constable to make an arrest. Unlike a private citizen: ‘a constable, having reasonable ground to suspect that a felony has been committed, is authorised to detain the . .
Cited – Walters v WH Smith and Son Ltd CA 1914
The plaintiff alleged false imprisonment and malicious prosecution after a private guard had arrested him at the defendant’s store.
Held: A private individual may justify his arrest of another on suspicion of having committed a felony only if . .

Cited by:
Cited – Taylor (A Child Proceeding By his Mother and Litigation Friend C M Taylor) v Chief Constable of Thames Valley Police CA 6-Jul-2004
The Chief Constable appealed aganst a finding that his officers had wrongfully arrested and imprisoned the claimant. The claimant was 10 years old when arrested, and complained that the officers had not properly advised him of the nature and purpose . .
Cited – Brazil v Chief Constable of Surrey QBD 1983
The appellant had been convicted of assaulting a female police officer in the course of her duty when attempting to search her at a police station under section 23(2). She said that the police officers had not been acting in the execution of their . .
Cited – Murray v Ministry of Defence HL 25-May-1988
The plaintiff complained that she had been wrongfully arrested by a soldier, since he had not given a proper reason for her detention.
Held: The House accepted the existence of an implied power in a statute which would be necessary to ensure . .
Cited – Sher and Others v Chief Constable of Greater Manchester Police and Others Admn 21-Jul-2010
The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and . .
Cited – Bentley v Brudzinski QBD 1982
A police officer arrived at a situation. Answering a signal from a colleague, he placed his hand on the shoulder of a man in order to attract his attention. The man the hit the officer and was charged with assaulting the officer in the execution of . .
Cited – Cumberbatch v Crown Prosecution Service Admn 24-Nov-2009
In each case the defendants said that police officers arresting them had not been acting in the course of their duty, and that their resistance had been lawful. . .
Cited – Abbassy v Commissioner of Police for the Metropolis CA 28-Jul-1989
The court considered what information had to be given to a suspect on his arrest.
Held: The question whether or not the information given is adequate has to be assessed objectively having regard to the information which is reasonably available . .
Cited – Wilson v Chief Constable of Lancashire Constabulary CA 5-Nov-1996
‘Paragraph (2) of Article 5 contains the elementary safeguard that any person arrested should know why he is being deprived of his liberty. This protection is an integral part of the scheme of protection afforded by Article 5: by virtue of paragraph . .
Cited – Clarke v Chief Constable of North Wales Police CA 7-Oct-1997
. .
Cited – Regina v Chalkley, Jeffries CACD 19-Dec-1997
The 1995 Act will not permit the Court of Appeal to allow an appeal where a conviction was safe but there was a substantial procedural unfairness. In order to understand the role of pre-1 January 1996 jurisprudence in applying what is now the . .
Cited – Newman (t/a Mantella Publishing) v Modern Bookbinders Ltd CA 20-Jan-2000
The contemnor had taken back goods from the bailiff and was held in contempt of court. . .
Cited – Regina v Carroll and Al-Hasan and Secretary of State for Home Department Admn 16-Feb-2001
The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden . .
Cited – Director of Public Prosecutions v Avery QBD 11-Oct-2001
The case concerned an appeal following a demonstration. The Chief constable had made an order under section 60, anticipating serious violence. The respondent wore a mask, and the officer reached out to remove it. She hit out and broke his glasses. . .
Cited – Ashleigh-Nicholson v Staffordshire Police and Another CA 23-Aug-2002
. .
Cited – Regina on the application of Faulkner v Secretary of State for the Home Department Admn 1-Nov-2005
. .
Cited – Raissi and Another v The Commissioner of Police of the Metropolis QBD 30-Nov-2007
The claimants had been arrested under the 2000 Act, held for differing lengths of time and released without charge. They sought damages for false imprisonment.
Held: The officers had acted on their understanding that senior offcers had more . .
Cited – Raissi, Regina (on the Application of) v Secretary of State for the Home Department CA 14-Feb-2008
The claimant appealed against refusal of his request for judicial review of the defendant’s decision not to award him damages after his wrongful arrest and detention after he was wrongly suspected of involvement in terrorism. He had been discharged . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
Cited – Tims v John Lewis and Co Ltd CA 1951
The plaintiff said that the defendant’s allegation against him leading to a prosecution which failed was malicious.
Held: Lord Goddard CJ said: ‘It is quite easy to imagine a case in which a person was thoroughly justified in bringing . .
Cited – Williamson v The Attorney General of Trinidad and Tobago PC 3-Sep-2014
(Trinidad and Tobago) The claimant had been held after arrest on suspicion of theft. He was held for several months before the case was dismissed, the posecution having made no apparent attempt to further the prosecution. He appealed against refusal . .
Cited – Bostridge v Oxleas NHS Foundation Trust CA 10-Feb-2015
The claimant had been detained as a mental patient, but it was accepted that that detention had been unlawful as to over 400 days. The respondent argued that since he might have been detained in any event under other powers, he should receive only . .
Cited – McCann v Crown Prosecution Service Admn 21-Aug-2015
Appeal by case stated against conviction for obstructing a police officer in the execution of his duty. The appellant had been protesting. She, correctly, thought the land to be a rivate highway. The police officer had thought it a public hghway and . .
Cited – Lee-Hirons v Secretary of State for Justice SC 27-Jul-2016
The appellant had been detained in a mental hospital after a conviction. Later released, he was recalled, but he was not given written reasons as required by a DoH circular. However the SS referred the recall immediately to the Tribunal. He appealed . .

Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Leading Case

Updated: 31 October 2021; Ref: scu.198671

O’Leary International Ltd v North Wales Police: Admn 31 May 2012

The company employed drivers to cross the UK. They were stopped and did not have the requisite drivers records. Instead they produced certificates as to having had rest days. These proved false, and the drivers said that the had been produced for them by the employer. The drivers were convicted and the lorries impounded. The company appealed saying that the penalties were disproportionate, and sought their return under the 1897 Act.
Held: The lorries were to be returned. ‘s.144 would have provided for a situation where goods might not be returned, even if the owner were merely negligent. In the light of the decisions in Air Canada and Lindsay, we do not see how it would be proportionate for a court to have no power to consider the value of the property, the degree of culpability of the owner and the financial effect on the owner of the deprivation of his goods. If, as is clear from s.143(5), in considering whether an order for deprivation should be made against an offender, a court is entitled to take into account the value of the goods and the financial effect on the offender it would, on the assumption we have made, not have been logical where the owner was not the offender, that the court could not take those matters into account but could do so if he was the owner. In our judgment, on the assumption that we have made in relation to this issue, unless s.144 were read down in the manner suggested, the rights of the owner of the goods would be violated.’

Thomas P, Beatson J
[2012] EWHC 1516 (Admin)
Bailii
Police (Property) Act 1897, Powers of Criminal Courts (Sentencing) Act 2000
England and Wales
Citing:
Cited – Raymond Lyons and Co Ltd v Metropolitan Police Commissioner QBD 1975
A suspected thief had left a valuable ring with the claimant jewellers for valuation. They reported the matter to the police and handed the ring to them. The suspected thief never reappeared, and no-one claiming to be the true owner emerged. The . .
See Also – Merseyside Police v Owens Admn 31-May-2012
The police had refused to returns items seized from Mr Owens on the basis that to do so would indirectly encourage and assist him in suspected criminal activity. CCTV footage had been removed from him to attempt identify an arsonist of a house.The . .
Cited – Regina v Chester Justices ex parte Kenneth Smith QBD 1978
The wife of an offender applied for an order of mandamus requiring Magistrates to determine an application under s.1 of the 1897 Act for delivery to her of a car which the Crown Court had held was used in an offence and then had made an order under . .
Cited – Regina v Troth CACD 1979
The offender, a partner in a business, used a lorry which was partnership property to steal coal. The other partner was unaware of that use. An order had been made in the Crown Court to deprive the offender of his rights in the lorry.
Held: . .
Cited – Tinsley v Milligan HL 28-Jun-1993
Two women parties used funds generated by a joint business venture to buy a house in which they lived together. It was vested in the sole name of the plaintiff but on the understanding that they were joint beneficial owners. The purpose of the . .
Cited – Laker Airways Inc v FLS Aerospace Ltd ComC 20-Apr-1999
The court was asked: ‘whether a barrister who has been appointed an arbitrator by one party to the arbitration should be removed by the court on the ground that another barrister from the same chambers has been instructed in the arbitration by the . .
Cited – Webb v Chief Constable of Merseyside Police CA 26-Nov-1999
The Police had confiscated money suspected to be the proceeds of drug trafficking, but no offence was proved. The magistrates had refused to return the money under the 1897 Act. The claimants now sought to reciver it under civil proceedings.
Cited – Regina v Kearney CACD 11-Mar-2011
The defendant had been convicted of stealing petrol to use in his hire-purchase car. The court ordered cessation of his interest in the car as part of its sentence. He appealed.
Held: The appeal succeeded. After the order had been made, the . .
Cited – Gough and Another v The Chief Constable of the West Midlands Police CA 2-Mar-2004
The claimants sought return of vehicle parts from the police. The police replied that the goods had been tampered with in such a way as to suggest they may have been stolen, and that they were therefore kept, even after the finish of the court . .
Cited – Commissioners of Customs and Excise v Newbury Admn 3-Mar-2003
The commissioner appealed a finding that a car and other goods they had forfeited should be returned. The owner said that matters had been imported for personal use under the directive.
Held: The directive had direct effect and precedence over . .
Cited – Regina v Brookes CACD 2003
The offender had used, a friend’s car to commit a drugs offence. A further, third person claimed to be the hirer under a hire purchase agreement. The judge made an order under section 143 refusing to hear evidence about the hiring of the car.
Cited by:
Cited – Merseyside Police v Owens Admn 31-May-2012
The police had refused to returns items seized from Mr Owens on the basis that to do so would indirectly encourage and assist him in suspected criminal activity. CCTV footage had been removed from him to attempt identify an arsonist of a house.The . .

Lists of cited by and citing cases may be incomplete.

Police, Criminal Sentencing, Human Rights

Updated: 31 October 2021; Ref: scu.459878

Harper and Another, Regina (on The Application of) v Aldershot Magistrates Court: Admn 8 Jun 2010

Police defendants not to have addresses withheld

The defendants, senior police officers were accused of misconduct in public office, being said to have sought improperly to interfere in prosecutions for speeding. They appealed against refusal by the magistrates to have their addresses protected.
Held: The appeal failed. The burden was on the claimants to establish good reason for departing from the principle of open justice. They had not met that burden: ‘If there is a risk, it would not in the circumstances be enhanced by publication of addresses. On the information the claimants give, any approach to them is likely to be a targeted one which would not be deterred by the need to discover a home address. While the charges against the claimants are serious, they are unlikely to provoke that response by vigilantes which occasionally occurs in some categories of offence, for example, charges involving abuse of young children.’

Pill LJ, Rafferty J
[2010] EWHC 1319 (Admin), (2010) 174 JP 410
Bailii
Contempt of Court Act 1981 11
England and Wales
Citing:
Cited – Regina v Malvern Justices, Ex parte Evans 1988
The circumstances in which it is appropriate for a court to allow a name or other names to be withheld are rare. The Court cannot derogate from this principle for lesser purposes, including that of sparing the feelings of a defendant. . .
Cited – Regina v Evesham Justices, ex parte McDonnagh QBD 1988
The court considered the existence of a power in the magistrates court to order a hearing to be held in camera and referred to section 11 of the 1981 Act. Watkins LJ said: ‘However, I am bound to say that I am impressed with the argument that the . .
Cited – Scott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
Cited – Attorney-General v Leveller Magazine Ltd HL 1-Feb-1979
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to . .
Cited – Trinity Mirror and Others, Regina (on the Application Of) v Croydon Crown Court CACD 1-Feb-2008
The defendant had pleaded guilty in the Crown Court to 20 counts of making or possessing child pornography. No direction was made for withholding the defendant’s identity in court, but the Crown Court made an order in the interest of the defendant’s . .
Cited – Regina v Newtonabbey Magistrates Court Ex Parte Belfast Telegraph Newspapers Ltd CANI 27-Aug-1997
When the defendant charged with indecent assault was remanded on bail to await trial, the magistrate ordered that there should be no report of the proceedings at that stage because of the defendant’s concerns that publicity would lead to his being . .

Lists of cited by and citing cases may be incomplete.

Magistrates, Police, Media

Updated: 31 October 2021; Ref: scu.416458

Regina v The Director of Public Prosecutions, Ex Parte Manning, Ex Parte Melbourne: QBD 17 May 2000

The applicants sought judicial review of the decision of the Director not to prosecute anybody after the death of their brother in prison custody, and while under restraint by prison officers. The jury at a coroner’s inquest had returned a verdict of unlawful killing. A specialist senior caseworker in the CPS subsequently took a decision not to prosecute any of the officers of any offence arising out of the death, in particular unlawful act manslaughter, on the basis that he was not satisfied that the available evidence would provide a realistic prospect of conviction.
Held: The Director of Public Prosecutions is answerable to the Attorney General and to no one else. While the power of judicial review is to be sparingly exercised, the standard of review should not be set too high, since judicial review is the only means by which the citizen can seek redress against a decision not to prosecute and if the test were too exacting an effective remedy would be denied.

Lord Bingham of Cornhill LCJ said: ‘Authority makes clear that a decision by the Director not to prosecute is susceptible to judicial review . . But, as the decided cases also make clear, the power of review is one to be sparingly exercised. The reasons for this are clear. The primary decision to prosecute or not to prosecute is entrusted by Parliament to the Director as head of an independent, professional prosecuting service, answerable to the Attorney General in his role as guardian of the public interest, and to no-one else. It makes no difference that in practice the decision will ordinarily be taken by a senior member of the CPS, as it was here, and not by the Director personally. In any borderline case the decision may be one of acute difficulty, since while a defendant whom a jury would be likely to convict should properly be brought to justice and tried, a defendant whom a jury would be likely to acquit should not be subjected to the trauma inherent in a criminal trial. If, in a case such as the present, the Director’s provisional decision is not to prosecute, that decision will be subject to review by Senior Treasury Counsel who will exercise an independent professional judgment. The Director and his officials (and Senior Treasury Counsel when consulted) will bring to their task of deciding whether to prosecute an experience and expertise which most courts called upon to review their decisions could not match. In most cases the decision will turn not on an analysis of the relevant legal principles but on the exercise of an informed judgment of how a case against a particular defendant, if brought, would be likely to fare in the context of a criminal trial before (in a serious case such as this) a jury. This exercise of judgment involves an assessment of the strength, by the end of the trial, of the evidence against the defendant and of the likely defences. It will often be impossible to stigmatise a judgment on such matters as wrong even if one disagrees with it. So the courts will not easily find that a decision not to prosecute is bad in law, on which basis alone the court is entitled to interfere. At the same time, the standard of review should not be set too high, since judicial review is the only means by which the citizen can seek redress against a decision not to prosecute and if the test were too exacting an effective remedy would be denied.’

Lord Bingham of Cornhill LCJ, Morison J
[2000] EWHC Admin 342, [2001] 1 QB 330, [2000] Inquest LR 133, [2000] Po LR 172, [2001] HRLR 3, [2000] 3 WLR 463, [2000] EWHC 562 (QB), [2001] QB 330
Bailii, Bailii
England and Wales
Citing:
Cited – Regina v Director of Public Prosecutions, ex parte C QBD 1995
The plaintiff sought judicial review of the DPP’s decision not to prosecute a husband suspected of buggery.
Held: The application succeeded. The Respondent had failed to consider the criteria required by the Code. However, the power to review . .

Cited by:
Cited – Corner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another Admn 10-Apr-2008
The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the . .
Cited – Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office HL 30-Jul-2008
SFO Director’s decisions reviewable
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
Cited – Morrison v The Independent Police Complaints Commission and Others Admn 26-Oct-2009
The claimant made a complaint of a serious assault by the police, by the use of a Taser. The defendant had referred the complaint to the IPCC, who said that they should investigate it themselves. The claimant said that to accord with his human . .
Cited – Bryant and Others, Regina (on The Application of) v The Commissioner of Police of The Metropolis Admn 23-May-2011
Several claimants sought leave to bring judicial review of decisions taken by the defendant in the investigation of suggestions that their telephone answering systems had been intercepted by people working for the News of the World. They said that . .
Cited – Da Silva, Regina (on the Application of) v Director of Public Prosecutions and Another Admn 14-Dec-2006
An innocent bystander had been shot dead by police mistaking him for a suicide bomber. The claimant, a cousin, challenged decisions not to prosecute any officer for murder or manslaughter or any other criminal offence.
Held: Review was . .
Cited – NXB v Crown Prosecution Service QBD 12-Mar-2015
The claimant, saying that she had been abused as a child by another, sought damages alleging breach of her human rights after the defendant failed to prosecute her attacker: ‘it is the Claimant’s case that the CPS made a series of rushed, . .
Cited – F, Regina (on The Application of) v The Director of Public Prosecutions and Another Admn 24-Apr-2013
Application for judicial review of the refusal of the Director of Public Prosecutions to initiate a prosecution for rape and/or sexual assault of the claimant by her former partner. The claimant said that she had initially consented to sex with her . .
Cited – Loughlin, Re Application for Judicial Review SC 18-Oct-2017
The court was asked as to the circumstances in which sentences passed on offenders who have given assistance to prosecuting authorities should be referred back to the sentencing court under section 74 of the Serious Organised Crime and Police Act . .

Lists of cited by and citing cases may be incomplete.

Crime, Constitutional, Police, Judicial Review

Leading Case

Updated: 31 October 2021; Ref: scu.135939

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 a defendant in its conduct of a prosecution. The court must not confuse the immunity rule which extends to witnesses with the question whether or not in particular circumstances a duty of care is owed by prosecutors. The police may not be sued for negligence in respect of their activities in the investigation and suppression of crime. A prosecutor does not assume a responsibility to the defendant to act carefully and owes him no duty of care in the law of tort.
Steyn LJ said: ‘In the absence of a specific assumption of responsibility lawyers engaged in hostile civil litigation are not liable in negligence to the opposing party.’

Morritt LJ, Steyn LJ
Times 23-Nov-1994, [1995] QB 335, [1995] 1 All ER 833, [1994] EWCA Civ 4, [1995] 2 WLR 173
Bailii
England and Wales
Citing:
Considered – 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 by:
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 – Customs and Excise v Barclays Bank Plc CA 22-Nov-2004
The claimant had obtained judgment against customers of the defendant, and then freezing orders for the accounts. The defendants inadvertently or negligently allowed sums to be transferred from the accounts. The claimants sought repayment by the . .
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 – Waters v Commissioner of Police for the Metropolis HL 27-Jul-2000
A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. Her claim was struck out, but restored on appeal.
Held: . .
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 – Rowlands v Chief Constable of Merseyside Police CA 20-Dec-2006
The claimant succeeded in her claims for general damages against the respondent for personal injury, false imprisonment and malicious prosecution, but appealed refusal of the court to award aggravated damages against the chief constable.
Held: . .
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 – Welton, Welton v North Cornwall District Council CA 17-Jul-1996
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he . .
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 – Moulton v Chief Constable of The West Midlands CA 13-May-2010
The claimant appealed against dismissal of his claim for damages for malicious prosecution and misfeasance in public office. He had been arrested and held on allegations of serious sexual assaults, but then released when the matter came to the Crown . .
Cited – Connolly-Martin v Davis CA 27-May-1999
A claim was brought by a party against counsel for his opponent who had gone beyond his authority in giving an undertaking for his client.
Held: The claim had no prospect of success, and had been struck out correctly. Counsel offering to the . .
Cited – BT v Crown Prosecution Service CA 16-Dec-1997
The plaintiff appealed against dismissal of his claim for malicious prosecution brought against the Service.
Held: Actions for malicious prosecution, against the Crown Prosecution Service are to be examined closely to ensure that they are not . .
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 – Olutu v Home Office CA 29-Nov-1996
The claimant said that she had been detained in excess of the period allowed under the 1987 Regulations, and that that detention was unlawful. She now appealed against the striking out of her claim.
Held: Her action failed. The availablility . .
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 – Motasim v Crown Prosecution Service and Others QBD 15-Aug-2017
The claimant had been arrested on suspicion of terrorism, from his innocent association with people later convicted of terrorism. The defendant discovered evidence which would undermine the case against him, but refuse to disclose it. Eventually, . .
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.

Negligence, Legal Professions, Police

Leading Case

Updated: 31 October 2021; Ref: scu.80290

ABC, Regina (on The Application of) v Chief Constable of Durham Constabulary: Admn 4 Oct 2021

Challenge to decision to issue caution
Mr Justice Julian Knowles
[2021] EWHC 2655 (Admin)
Bailii
England and Wales

Updated: 31 October 2021; Ref: scu.668456

Privacy International Secretary of State for Foreign and Commonwealth Affairs: IPT 22 Jul 2021

[2021] UKIPTrib IPT – 15 – 110
Bailii
England and Wales

Updated: 31 October 2021; Ref: scu.668280

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 billet police officers at the colliery unless the manager agreed to pay for the additional service at a specified rate. The manager promised to do so, but when the police submitted their bill the company refused to pay it on the ground that it was the duty of the police to prove necessary police protection without payment.
Held: Any attempt by a police authority to extract payment for services which fell within the plain obligations of the police force should be firmly discountenanced by the courts. The police were however entitled to charge for special billeting of policemen at a colliery during a strike. It was lawful for the police to seek to charge for services which their public obligations would not otherwise oblige them to provide.
The police are under an absolute and unconditional obligation to take all steps which appear to them to be necessary for keeping the peace, for preventing crime or for protecting property from criminal injury.
Viscount Cave LC said: ‘No doubt there is an absolute and unconditional obligation binding the police authorities to take all steps which appear to them to be necessary for keeping the peace, for preventing crime, or for protecting property from criminal injury; and the public, who pay for this protection through the rates and taxes, cannot lawfully be called upon to make a further payment for that which is their right.’ and
‘But it has always been recognized that, where individuals desire that services of a special kind which, though not within the obligations of a police authority, can most effectively be rendered by them, should be performed by members of the police force, the police authorities may (to use an expression which is found in the Police Pensions Act, 1890) ‘lend’ the services of constables for that purpose in consideration of payment. Instances are the lending of constables on the occasions of large gatherings in and outside private premises, as on the occasions of weddings, athletic or boxing contests or race meetings, and the provision of constables at large railway stations.’ and
‘There may be services rendered by the police which, although not within the scope of their absolute obligations to the public, may yet fall within their powers, and in such cases public policy does not forbid their performance.’
Viscount Finlay said: ‘If a particular person desires protection of a special sort and the police can give this without interfering with the discharge of other duties elsewhere, it is difficult to see on what ground of public policy it should be illegal that a charge should be made in respect of special protection.’ and ‘There is no doubt that it is the duty of the police to give adequate protection to all persons and their property. In discharging this duty those in control of the police must exercise their judgment as to the manner in which the protection should be afforded.’
Viscount Finlay said: ‘There is no doubt that it is the duty of the police to give adequate protection to all persons and to their property … Beyond all question it is the duty of the police to give protection to the persons and property of all His Majesty’s subjects.’
Viscount Cave LC, Viscount Finlay
[1925] AC 270, [1924] UKHL 3
Bailii
England and Wales
Citing:
Approved – 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 by:
Cited – Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
Cited – Harris v Sheffield United Football Club Ltd CA 1987
The court was asked whether services provided by the police at Sheffield United Football Club for the club’s home fixtures were ‘special police services’ so that, if they were provided at the club’s request, the police could charge for them. Up . .
Cited – Reading Festival Ltd v West Yorkshire Police Authority CA 3-May-2006
The organisers of a music festival in Leeds appealed a decision that they were liable to pay in full a bill from the police for additional services in policing the festival.
Held: The organisers appeal succeeded. Whilst it was a matter for the . .
Cited – Greater Manchester Police v Wigan Athletic AFC Ltd ChD 21-Dec-2007
The claimant sought payment under section 25 from the defendant football club for the costs of policing football matches. The defendant said that the sums were not due since the events had been over-policed, and had not been agreed or requested.
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 – Greater Manchester Police v Wigan Athletic AFC Ltd CA 19-Dec-2008
The parties disputed the amounts payable by a football club to the police for the attendance of police officers at matches. The defendant appealed against a finding that it had requested the services for which charges had been made under section 25 . .
Cited – Yarl’s Wood Immigration Ltd and Others v Bedfordshire Police Authority CA 23-Oct-2009
The claimant sought to recover the costs of damage to their centre following a riot, saying that under the 1886 Act, they were liable. It appealed against a ruling that they were unable to claim as a public authority, saying that the 1886 Act was . .
Cited – Yarl’s Wood Immigration Ltd and Others v Bedfordshire Police Authority CA 23-Oct-2009
The claimant sought to recover the costs of damage to their centre following a riot, saying that under the 1886 Act, they were liable. It appealed against a ruling that they were unable to claim as a public authority, saying that the 1886 Act was . .
Cited – A, Regina (on The Application of) v B Admn 21-Jul-2010
The police intended to disclose the claimant’s sexual history to possible sexual partners, saying that his behaviour was putting them at risk of infection. . .
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 – 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.
Updated: 27 October 2021; Ref: scu.242613

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 intervene. He drove away when the hubbub had died down, stating that he was due off and was going off. He demurred to the indictment on the ground that it disclosed no offence since misconduct of an officer of justice involved malfeasance or at least a misfeasance involving an element of corruption and not merely non-feasance as alleged in the indictment.
Held: The conviction of the officer for wilful neglect to perform a duty was upheld.
Lord Widgery CJ said: ‘the allegation made was not of mere non-feasance but of deliberate failure and wilful neglect . . This involves an element of culpability which is not restricted to corruption or dishonesty but which must be of such a degree that the misconduct impugned is calculated to injure the public interest so as to call for condemnation and punishment. Whether such a situation is revealed by the evidence is a matter that a jury has to decide. It puts no heavier burden upon them than when in more familiar contexts they are called upon to consider whether driving is dangerous or a publication is obscene or a place of public resort is a disorderly house’
Shaw LJ, Lord Widgery CJ, McNeill J
[1979] 1 QBD 722, (1979) 69 Crim App R 722
England and Wales
Citing:
Cited – Rex v Wyat 1705
Where an officer [a constable] neglects a duty incumbent upon him, either by common law or statute, he is for his default indictable. . .
Cited – Rex v Bembridge 1783
The defendant was an accountant in the office and place of receiver and paymaster general. The court was asked whether he held a public office.
Held: A man who holds a public office is answerable criminally to the king for misbehaviour in that . .
Cited – Regina v Llewellyn-Jones CACD 1968
The Registrar of a County Court was convicted of offences of misconduct in public office. The indictment charged ‘misbehaviour in a public office, contrary to common law’ and alleged that court orders had been made ‘with the intention of gaining . .

Lists of cited by and citing cases may be incomplete.
Updated: 27 October 2021; Ref: scu.183671

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 into the building and that risk was only acceptable if there was fire fighting equipment available to put the fire out at an early stage. No equipment had been present at the time and the fire had broken out and spread very quickly.
Held: The defence of necessity might be available to police officers when looking at a claim for damage to property.
Taylor J
[1985] 2 All ER 986, [1985] 1 WLR 1242
England and Wales
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 – Hughes v National Union of Mineworkers QBD 1991
The court struck out as disclosing no cause of action a claim by a police officer who was injured while policing the miners’ strike and who alleged that the police officer in charge had deployed his men negligently.
Held: The officer in charge . .
Cited – Austin and Saxby v Commissioner of the Police for the Metropolis QBD 23-Mar-2005
Towards the end of a substantial May Day demonstration on the streets of London, police surrounded about 3,000 people in Oxford Circus and did not allow them to leave for seven hours. The claimant who was present, but not involved in any of the . .
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 – 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 – 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.
Updated: 27 October 2021; Ref: scu.183669

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 inspector.
Held: The inspector was liable in negligence. One police officer can have a duty of care to another.
Stephenson, Dunn LJJ, Sir David Cairns
[1981] EWCA Civ 6, [1982] 1 All ER 851, [1982] 1 WLR 349
Bailii
England and Wales
Citing:
Cited – Compania Financiera v Hamoor Tanker Corporation (‘the Borag’) CA 1981
The managers had taken on the management of the ship. In the course of a dispute, the managers had the ship arrested whilst in Capetown. The owners had to obtain a bank guarantee to secure its release, and sought the interest payments on the . .

Lists of cited by and citing cases may be incomplete.
Updated: 27 October 2021; Ref: scu.183670

Akarcay, Regina (on The Application of) v West Yorkshire Police and Others: Admn 3 Feb 2017

‘The claimant seeks to challenge the provision of material by the West Yorkshire Police to their counterparts in the Turkish Republic of North Cyprus, where he now faces prosecution for drug related and money laundering offences alleged to have been committed in England. Northern Cyprus is not recognised by the United Kingdom, nor by any other country save Turkey.’
Burnett LJ, Thirlwall J
[2017] EWHC 159 (Admin)
Bailii
England and Wales

Updated: 26 October 2021; Ref: scu.573921

Sharp v West Yorkshire Police and Another: Admn 7 Mar 2016

Application for judicial review of the decision of the Police Medical Appeal Board
Behrens HHJ
[2016] EWHC 469 (Admin)
Bailii
England and Wales

Updated: 26 October 2021; Ref: scu.560731

Yavuz, Regina (on The Application of) v West Yorkshire Police: Admn 10 Aug 2016

The claimant appealed against the rejection of adequacy and findings of an investigation into a complaint against police officers made by him. The complaint included the unlawful use of force, failure to follow correct arrest procedures and the fabrication of evidence.
Sweeney J
[2016] EWHC 2054 (Admin)
Bailii
Police Reform Act 2002
England and Wales

Updated: 26 October 2021; Ref: scu.568012

Carmichele v Minister of Safety and Security: 16 Aug 2001

Constitutional Court of South Africa – The applicant had been assaulted by a man awaiting trial for attempted rape. Both police and prosecutor had recommended bail despite a history of sexual violence. She applicant sued the ministers responsible for the police and prosecution service, saying that they had failed to ensure that the magistrate was properly informed about the risk he posed to women in the vicinity of his home, including the applicant. Her claim was dismissed by the High Court and its decision was upheld by the Supreme Court of Appeal, but she succeeded on appeal to the Constitutional Court, relying on a provision in section 39(2) of the constitution which required the courts when developing the common law to ‘promote the spirit, purport and objects of the Bill of Rights’. The Constitutional Court decided that it would not be appropriate for itself to determine whether the law of delict required to be developed so as to afford a right to the applicant to claim damages if the police or prosecutor were negligent. It said that it was by no means clear how the constitutional obligations on the state should translate into private law duties towards individuals, and that the court would be at a grave disadvantage in deciding the issue without a fully reasoned judgment of the High Court or Court of Appeal. It set aside the decisions of the lower courts and remitted the matter to the High Court.
Ackermann, Goldstone JJ
(2001) 12 BHRC 60, [2001] ZACC 22, 2001 (4) SA 938 (CC), 2001 (10) BCLR 995 (CC)
Saflii
England and Wales
Cited by:
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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.556811

Hill v Hamilton-Wentworth Regional Police Services Board: 4 Oct 2007

Canlii Supreme Court of Canada – Torts – Negligence – Duty of care – Police investigation – Whether police owe duty of care to suspects in criminal investigations – If so, standard of care required by police investigating a suspect – Whether police officers’ conduct in investigating suspect was negligent.
Police – Investigation – Negligence – Whether Canadian law recognizes tort of negligent investigation.
McLachlin CJ and Bastarache, Binnie, LeBel, Deschamps, Fish, Abella, Charron and Rothstein JJ
2007 SCC 41, 40 MPLR (4th) 1, 230 OAC 260, 160 ACWS (3d) 573, [2007] SCJ No 41 (QL), JE 2007-1867, [2007] CarswellOnt 6265, 64 Admin LR (4th) 163, 50 CCLT (3d) 1, 368 NR 1, 50 CR (6th) 279, 285 DLR (4th) 620, 87 OR (3d) 397, [2007] 3 SCR 129, 2007 SCC 41 (CanLII)
Canlii, Canlii
Canada
Cited by:
Cited – Moulton v Chief Constable of The West Midlands CA 13-May-2010
The claimant appealed against dismissal of his claim for damages for malicious prosecution and misfeasance in public office. He had been arrested and held on allegations of serious sexual assaults, but then released when the matter came to the Crown . .
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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.556825

Minister of Safety and Security v Hamilton: 26 Sep 2003

South Africa: Supreme Court of Appeal – Subject: Delict – police – legal duty to exercise reasonable care in considering, investigating and recommending application for firearm licence – liability for shooting by unfit person to whom firearm licence issued
The police were held liable to the victim of a shooting for negligently issuing a firearm licence to the attacker, who had a history of psychosis, personality disorder and alcohol abuse. The agreed statement of facts did not suggest that the victim was at higher risk than any other member of the public.
Howie P, Mthiyane, Conradie, Heher JJA and Van Heerden AJA
[2003] ZASCA 98, [2003] 4 All SA 117 (SCA)
Saflii
England and Wales
Cited by:
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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.556823

Doe v Metropolitan Toronto (Municipality) Commissioners of Police: 30 Aug 1990

Ontario – High Court of Justice, Divisional Court – Negligence — Duty of care — Police not warning potential victim of serial rapist due to stereotypical belief that her hysterical response to warning would scare off rapist and make apprehension more difficult.
Constitutional law — Charter of Rights — Right to life, liberty and security — Police not warning potential victim of serial rapist due to stereotypical belief that her hysterical response to warning would scare off rapist and make apprehension more difficult — Charter rights violated — Canadian Charter of Rights and Freedoms, s. 7.
Constitutional law — Charter of Rights — Equality rights — Police not warning potential victim of serial rapist due to stereotypical belief that her hysterical response to warning would scare off rapist and make apprehension more difficult — Charter rights violated — Canadian Charter of Rights and Freedoms, s. 15(1).
On August 24, 1986, the plaintiff was raped by a serial rapist who subsequently pleaded guilty to a number of sexual assaults including the attack on the plaintiff. All of the attacks occurred within a one-year period in the same vicinity and involved single white women living in second or third floor apartments to which the rapist gained entry through a balcony door. In this action, the plaintiff sued the Chief of Police at the time of the assault, the investigating officers in charge of the case and the Board of Commissioners of Police for damages. The plaintiff alleged a cause of action in tort and a cause of action for violating her rights to security of the person and her right to equal protection under ss. 7 and 15(1) of the Canadian Charter of Rights and Freedoms. The defendants moved to have the action dismissed as not disclosing a cause of action. The motion was dismissed. Leave having been granted, the defendants appealed.
Held, the appeal should be dismissed and the plaintiff’s action allowed to proceed.
O’Leary, Saunders and Moldaver JJ
74 OR (2d) 225, 72 DLR (4th) 580, 5 CCLT (2d) 77, [1990] OJ No 1584 (QL), 10 WCB (2d) 577, 1 CRR (2d) 211, 50 CPC (2d) 92, 40 OAC 161, 22 ACWS (3d) 869
Canlii
Canada
Cited by:
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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.556824

Schuster v City of New York: 1958

Court of Appeals of New York – The victim was a public spirited young man whose murder had no obvious explanation other than retribution for his cooperation with the police.
Held: It may be possible to create a case of circumstantial evidence so strong as to lead the mind inevitably to the conclusion that injury to a person who supplied information to the police resulted from his having supplied such information.
154 NE2d 534, 5 NY2d 75, 180 NYS2d 265, 5 NY 2d 75
Cited by:
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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.556808

West Yorkshire Police, Regina (on The Application of) v Independent Police Complaints Commission and Others: CA 21 Oct 2014

[2014] EWCA Civ 1367
Bailii
England and Wales

Updated: 26 October 2021; Ref: scu.537770

Peters, Regina (on The Application of) v West Yorkshire Police: Admn 9 May 2014

The claimant sought judicial review of a decision by the respondent rejecting the claimant’s complaint against several police officers.
Blair J
[2014] EWHC 1458 (Admin)
Bailii
England and Wales

Updated: 26 October 2021; Ref: scu.525144

Leeds United Football Club Ltd v West Yorkshire Police: QBD 1 Aug 2014

The court had found that the defendant service had miscalculated its charges to the claimant for policing football matches. It now considered very differing new suggested calculations by each party.
Sir David Eady
[2014] EWHC 2738 (QB)
Bailii
England and Wales

Updated: 26 October 2021; Ref: scu.535543

Dodsworth v Chief Constable of West Yorkshire Police: Admn 14 Mar 2019

[2019] EWHC 653 (Admin)
Bailii
England and Wales

Updated: 26 October 2021; Ref: scu.635161

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 Robinson such a duty, they had not acted in breach of it, and this case was: was ‘a paradigm example of why the courts are loath to impose a duty towards individual members of the public on the police engaged in their core functions’
Hallett LJ considered that ‘the Caparo test applies to all claims in the modern law of negligence’. In consequence, ‘. . the court will only impose a duty where it considers it right to do so on the facts’. The general principle was that ‘most claims against the police in negligence for their acts and omissions in the course of investigating and suppressing crime and apprehending offenders will fail the third stage of the Caparo test’. That is to say, ‘. . it will not be fair, just and reasonable to impose a duty’. That is because ‘the courts have concluded that the interests of the public will not be best served by imposing a duty on to individuals’
Lady Justice Hallett, Vice President of the CACD
[2014] EWCA Civ 15
Bailii
England and Wales
Citing:
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 – 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 by:
Appeal from – 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.
Updated: 26 October 2021; Ref: scu.635203

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 years later the allegation was disclosed on an Enhanced Criminal Records Check, impeding his employment as a teacher.
Held: The appeal failed. Police immunity in negligence is not confined to cases of omission.
Leveson LJ President of the Queen’s Bench Division
[2011] EWCA Civ 3, [2011] 1 FLR 1361, [2011] Fam Law 358, [2011] PTSR 1369
Bailii
Police Act 1997 115
England and Wales
Citing:
Appeal From – 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 by:
Cited – 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 – 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.
Updated: 23 October 2021; Ref: scu.427981

Michael and Others v South Wales Police and Another: CA 20 Jul 2012

The deceased had called the police and said her life was under immediate threat. An officer downgraded its seriousness, and she was killed within 15 minutes by her partner, and before the officers arrived. She had sought assistance four times previously. Her family sought damages. The Chief Constable sought to strike out the claim saying no reasonable cause of action was disclosed.
Held: There should be summary judgment in favour of the defendants on the negligence claim for reasons given by Longmore LJ, with which Richards and Davis LJJ agreed. The majority upheld Judge Jarman’s decision that the Article 2 claim should proceed to trial. Davis LJ dissented on that issue. He would have held that on the facts alleged by the claimants there was no possibility that the claim under article 2 could succeed.
Longmore, Richards, Davis LJ
[2012] EWCA Civ 981
Bailii
European Convention on Human Rights 2
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 . .
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 – 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 – 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 – Glaister and Others v Appelby-In-Westmorland Town Council CA 9-Dec-2009
The claimant was injured when at a horse fair. A loose horse kicked him causing injury. They claimed in negligence against the council for licensing the fair without ensuring that public liability insurance. The Council now appealed agaiinst a . .

Cited by:
Appeal from – 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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 23 October 2021; Ref: scu.462973

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 check the arrest was disclosed, but not that he was cleared. The officer failed to obtain access to the note which had cleared him. He suffered substantial losses.
Held: Police officers were not liable in negligence in the execution of tasks which were central to their duties as policemen. It was at least arguable that though the provision of information for CRB checks was a statutory one under the 1997 Act, a police force might be responsible in negligence when providing information. Nevertheless in this case all but one allegation was unsustainable. In respect of the response to the subsequent request, the appeal succeeded, and the case could proceed.
Wyn Williams J
[2009] EWHC 2362 (QB)
Bailii
Police Act 1997 115
England and Wales
Citing:
Cited – Hedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
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 – 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 . .
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 – 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 by:
Appeal From – 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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 23 October 2021; Ref: scu.375578

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 threatened with violence by the other party he is entitled to protection from such violence whether his contention in the dispute be right or wrong.’
. . and ‘If one party to a dispute is threatened with violence by the other party he is entitled to protection from such violence whether his contention in the dispute be right or wrong, and to allow the police authority to deny him protection from that violence unless he pays all the expense in addition to the contribution which with other ratepayers he makes to the support of the police is only one degree less dangerous than to allow that authority to decide which party is right in the dispute and grant or withhold protection accordingly. There is a moral duty on each party to the dispute to do nothing to aggravate it and to take reasonable means of self-protection, but the discharge of this duty by them is not a condition precedent to the discharge by the police authority of their own duty.’
Pickford LJ, Viscount Finlay, Lord Carson
[1916] 2 KB 206
England and Wales
Citing:
Appeal from – Glamorgan Coal Co v Glamorgan Joint Standing Committee 1915
Bankes LJ said that the duties of police forces include the preservation of the peace, the protection of the inhabitants, and the safeguarding of property within their area. . .

Cited by:
Approved – 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 – 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 – 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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 23 October 2021; Ref: scu.276398

Hill v Chief Constable of West Yorkshire: CA 1988

Glidewell LJ
[1988] 1 QB 60
England and Wales
Citing:
See Also – 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 . .

Cited by:
Appeal from – 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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 23 October 2021; Ref: scu.219423

Royal Cayman Islands Police Association and Others v Royal Cayman Islands Police Service and Another (Cayman Islands): PC 26 Jul 2021

(From the Court of Appeal of the Cayman Islands)
[2021] UKPC 21
Bailii
England and Wales

Updated: 23 October 2021; Ref: scu.668425

Hobson and others v Cheshire Constabulary: Admn 19 Nov 2003

[2003] EWHC 3011 (Admin)
Bailii
Police Act 1986 89(2)
England and Wales

Updated: 19 October 2021; Ref: scu.189128

R and others (on the Application Of) v Metroplitan Police Commssioner and others: Admn 7 Oct 2004

Complaint about publicity given to anti-social behaviour order.
[2004] EWHC 2229 (Admin)
Bailii
England and Wales

Updated: 19 October 2021; Ref: scu.226911

Peerthum v The Independent Commission against Corruption and Another (Mauritius): PC 18 Dec 2014

Whether the secondment of police officers to the Mauritian Independent Commission against Corruption (‘ICAC’) is unconstitutional.
[2014] UKPC 42
Bailii
England and Wales

Updated: 18 October 2021; Ref: scu.540261

AR, Regina (on The Application of) v Chief Constable of Greater Manchester Police and Another: SC 30 Jul 2018

The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the disclosure made was a proportionate interference with the claimant’s rights. This was a matter for assessment by the judge hearing the evidence.
Lord Carnwath said: ‘To limit intervention to a ‘significant error of principle’ is too narrow an approach, at least if it is taken as implying that the appellate court has to point to a specific principle – whether of law, policy or practice – which has been infringed by the judgment of the court below. The decision may be wrong, not because of some specific error of principle in that narrow sense, but because of an identifiable flaw in the judge’s reasoning, such as a gap in logic, a lack of consistency, or a failure to take account of some material factor, which undermines the cogency of the conclusion. However, it is equally clear that, for the decision to be ‘wrong’ under CPR 52.11(3), it is not enough that the appellate court might have arrived at a different evaluation. ‘
Lord Kerr, Lord Reed, Lord Carnwath, Lord Hughes, Lord Lloyd-Jones
[2018] UKSC 47, [2018] WLR(D) 533, [2018] 1 WLR 4079, [2019] 1 All ER 391, [2018] HRLR 17, 46 BHRC 111, (2018) 21 CCL Rep 637
Bailii, Bailii Summary, WLRD
Police Act 1997 113B, European Convention on Human Rights 8, Human Rights Act 1998
England and Wales
Citing:
At Admn – AR, Regina (on The Application of) v The Greater Manchester Police and Another Admn 5-Sep-2013
The claimant sought judicial review of the enhanced criminal record issued by the respondents when he sought a licence as a private hire driver. He had been tried and acquitted on a charge of rape.
Held: The request for review failed.
Appeal from (CA) – AR, Regina (on The Application of) v Greater Manchester Police and Another CA 10-Jun-2016
The claimant complained that despite his acquittal after trial on a charge of rape, the accusation was revealed by the defendant on application for an enhanced criminal record certificate.
Held: The information contained in the certificate . .
Cited – Regina (X) v Chief Constable of West Midlands Police CA 30-Jul-2004
The claimant had been accused of offences, but the prosecution had been discontinued when the child victims had failed to identify him. The police had nevertheless notified potential employers and he had been unable to obtain work as a social . .
Cited – S, Regina (on the Application of) v West Mercia Constabulary and Another Admn 18-Nov-2008
The claimant complained of an enhanced disclosure of his record disclosing has arrest and trial on charges of outraging public decency. He said that he had been acquitted in terms which clearly said that the case was one of mistaken identity.
Cited – L, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .
Cited – LG v The Independent Monitor Admn 21-Dec-2017
The ECRC recorded the acquittal of a nurse on charges of theft from a patient, noting that her earlier admission of theft had been ruled inadmissible at trial, and the jury directed to acquit.
Held: The information had been properly included. . .
Cited – Regina (BW) v Independent Monitor Admn 2015
The ECRC had included the reasons given by a District Judge in the Youth Court for acquitting the applicant of a charge of common assault, including his view that ‘the burden of proof was not to the required standard and that the benefit of the . .
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 – A, Regina (on The Application of) v Kent Constabulary CA 20-Dec-2013
The claimant had successfully challenged the terms of an enhanced Criminal Record certificate. The Chief Constable now appealed. . .
Cited – A, Regina (on The Application of) v The Chief Constable of Kent Constabulary Admn 8-Mar-2013
Claim under the Human Rights Act 1998, in respect of the Defendant’s decision to disclose allegations of neglect and ill-treatment of care home residents in an Enhanced Criminal Records Certificate; the ECRC recorded that the applicant was found not . .
Cited – RK, Regina (on The Application of) v South Yorkshire Police and Another Admn 10-Jun-2013
Dispute between the claimant and South Yorkshire Police (‘SYP’) in connection with the latter’s proposed disclosure to prospective employers of information relating to events allegedly involving the claimant that occurred almost ten years ago. . .
Cited – Huang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
Cited – Pham v Secretary of State for The Home Department SC 25-Mar-2015
The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within . .
Cited – Allen v The United Kingdom ECHR 12-Jul-2013
The applicant alleged under Article 6 ss 2 of the Convention that the decision, following her acquittal, to refuse her compensation for a miscarriage of justice violated her right to be presumed innocent. . .
Cited – Re B (A Child) (Care Proceedings: Threshold Criteria) SC 12-Jun-2013
B had been removed into care at birth. The parents now appealed against a care order made with a view to B’s adoption. The Court was asked as to the situation where the risks were necessarily only anticipated, and as to appeals against a finding of . .
Cited – C, Regina (on The Application of) v Secretary of State for Work and Pensions CA 9-Feb-2016
The Court was asked whether, in the context of awarding Jobseeker’s Allowance, the State has unjustifiably interfered with the right of transgender persons to have information about their gender reassignment kept private.
Held: The appeal . .
Cited – McGraddie v McGraddie and Another (Scotland) SC 31-Jul-2013
The parties were father and son, living at first in the US. On the son’s wife becoming seriously ill, the son returned to Scotland. The father advanced a substantal sum for the purchase of a property to live in, but the son put the properties in his . .
Cited – Abela and Others v Baadarani SC 26-Jun-2013
The claimants sought damages alleging fraud in a company share purchase. They said that their lawyer had secretly been working for the sellers. The claim form had been issued, but the claimant had delayed in requesting permission for its service . .

Cited by:
Cited – Re Al M (Children) CA 28-Feb-2020
Publication of Children judgment – wide publicity
F brought wardship proceedings in respect of M and F’s two children, seeking their return to Dubai. F was the Ruler of the Emirate of Dubai. Media companies now sought publication of earlier judgments, and F appealed from an order for their . .
Cited – Rhuppiah v Secretary of State for The Home Department SC 14-Nov-2018
Ms R had overstayed, but resisted deportation claiming a long term relationship with a man for who she cared. Her leave was continued 11 times. A Seventh Day Adventist, the care she provided was as a friend. Indefinite leave to remain was refused . .

Lists of cited by and citing cases may be incomplete.
Updated: 18 October 2021; Ref: scu.620171

Kretzinger (Police And Judicial Cooperation In Criminal Matters): ECJ 18 Jul 2007

Europa Convention implementing the Schengen Agreement Article 54 Ne bis in idem principle Notion of ‘same acts’ Contraband cigarettes Importation into several Contracting States Prosecution in different Contracting States Notion of ‘enforcement’ of criminal penalties Suspension of the execution of the sentence Setting’off of brief periods of detention pending trial European arrest warrant.
C-288/05, [2007] EUECJ C-288/05, [2006] EUECJ C-288/05
Bailii, Bailii
European

Updated: 18 October 2021; Ref: scu.258597

Herd, Regina (on The Application of) v Independent Police Complaints Commission: Admn 12 Oct 2009

The claimant had sought to lodge with the police authority a complaint about the way the Suffolk Constabulary regarding his criminal record. He had wanted an older conviction to be ‘stepped down’ and complained of what he believed to have been an unlawful disclosure of his record. The complainat was not accepted, so he complained in turn to the respondent. He now challenged a finding by the respondent that the complaint had been correctly refused
Blair J
[2009] EWHC 3134 (Admin)
Bailii
Police Reform Act 2002 12, e Police (Complaints and Misconduct) Regulations 2004
England and Wales
Cited by:
Cited – North Yorkshire Police Authority, Regina (on The Application of) v The Independent Police Complaints Commission Admn 8-Jul-2010
No Review of IPCC’s Decision to Investigate
A complainant wanted the police force to investigate his mother’s treatment in a care home. When a decision was made that no criminal activity had been revealed, he asked the Police Authority to investigate, but they declined saying that the issue . .

Lists of cited by and citing cases may be incomplete.
Updated: 18 October 2021; Ref: scu.384125

Saunders v Chief Constable of Sussex: CA 21 Jan 2008

Lady Justice Arden
[2009] EWCA Civ 87
Bailii
England and Wales

Updated: 17 October 2021; Ref: scu.301645

Cowper v Director Of Public Prosecutions: Admn 18 Mar 2009

Appeal by way of case stated against a decision of the Justices as to whether the evidence of the refusal by a driver suspected of drink-driving to take a breath test at the police station is inadmissible, because the suspect has requested to speak to a solicitor, and that request was not granted before the test was administered.
[2009] EWHC 2165 (Admin)
Bailii
England and Wales

Updated: 16 October 2021; Ref: scu.373970

Sharman, Regina (on the Application of) v HM Coroner for Inner North London: Admn 12 May 2005

A caller reported to the police that a man had left a public house with a gun in a plastic bag. He was confronted by armed police and shot. It had in fact been a stick of wood. The officers appealed a finding of unlawful killing.
Held: The coroner had been in error to direct the jury as to what must have been in the minds of the officers.
Leveson J
[2005] EWHC 857 (Admin)
Bailii
Coroners’ Act 1988
England and Wales
Citing:
Cited – Regina v HM Coroner for Exeter and East Devon ex parte Palmer 10-Dec-1997
Lord Woolf discussed the role of the coroner acting as a filter to avoid injustice: ‘In a difficult case, the Coroner is carrying out an evaluation exercise. He is looking at the evidence before him as a whole and saying to himself, without deciding . .

Cited by:
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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.224850

Reading Borough Council v Angela D and others: FD 20 Jun 2006

Sumner J
[2006] EWHC 1465 (Fam), [2007] 1 WLR 1932, [2007] 1 All ER 293
Bailii
Family Proceedings (Amendment No 4) Rules 2005
England and Wales

Updated: 14 October 2021; Ref: scu.243157

Chief Executive of The Ipcc, Regina (on The Application of) v Independent Police Complaints Commission and Others: Admn 25 Nov 2016

Lord Justice Elias
[2016] EWHC 2993 (Admin)
Bailii
England and Wales

Updated: 14 October 2021; Ref: scu.571951

Marzan v RSPCA (993): Admn 1 Mar 2016

The court was asked to decide whether a police officer unlawfully entered the appellants’ home
[2016] EWHC 993 (Admin)
Bailii
England and Wales
Citing:
See Also – Marzan v RSPCA (1231) Admn 1-Mar-2016
Appeal against a decision that a forced entry into the claimant’s home by police was not unlawful. . .

Lists of cited by and citing cases may be incomplete.
Updated: 14 October 2021; Ref: scu.563218

Marzan v RSPCA (1231): Admn 1 Mar 2016

Appeal against a decision that a forced entry into the claimant’s home by police was not unlawful.
Leggatt J
[2016] EWHC 1231 (Admin)
Bailii
Animal Welfare Act 2006, Police and Criminal Evidence Act 1984 17(1)(e)
England and Wales
Cited by:
See Also – Marzan v RSPCA (993) Admn 1-Mar-2016
The court was asked to decide whether a police officer unlawfully entered the appellants’ home . .

Lists of cited by and citing cases may be incomplete.
Updated: 14 October 2021; Ref: scu.564802

Manchester Police, Regina (On the Application of) v Hookway and Another: Admn 19 May 2011

The magistrates had refused to extend the time permitted for the detention of the suspect on murder charges. He had been detained and then released on police bail to allow further enquiries. The police sought judicial review.
Held: The request for a review was rejected.
McCombe J
[2011] EWHC 1578 (Admin)
Bailii
Police and Criminal Evidence Act 1984 44
England and Wales

Updated: 14 October 2021; Ref: scu.441289

Mackaill and Another, Regina (on The Application of) v Independent Police Complaints Commission: Admn 6 Oct 2014

The three claimants were police officers. They met a senior MP at Sutton Coldfield. They emerged from the meeting and were said to have made misleading statements as to the content of the meeting. The IPCC referred the matters back to local forces for investigation. The forces determined that there was no case to answer, but the IPCC then purported to redetermine the mode of investigation under powers asserted under the 2002 Act. The claimants denied that such a power existed. The first version of the report submitted by the investigator to the Chief Constables carried an appendix suggesting misconduct. A later version omitted the criticism despite the investigator persisting in his view.
Held: There was no allegation of bad faith, but there had been lamentable failures by those involved. There had been significant and material procedural errors. There was no report compliant with the statutory scheme produced, and the granting of relief in favour of the IPCC should not be withheld. Since no valid final report ever had been completed or supplied it followed that the investigation itself had not been concluded. Accordingly, the power under paragraph 15(5) was in principle available to be exercised by the IPCC.
Davis LJ, Wilkie
[2014] EWHC 3170 (Admin)
Bailii
Police Reform Act 2002
England and Wales
Citing:
Cited – Smith (Kathleen Rose) v East Elloe Rural District Council HL 26-Mar-1956
The plaintiff challenged a compulsory purchase order as unlawful and made in bad faith and sought damages for trespass. Paragraph 16 provided that an order could not be challenged by legal proceedings, save in the circumstances identified in . .
Cited – Ridge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed because he was not given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his . .
Cited – London and Clydeside Estates v Aberdeen District Council HL 8-Nov-1979
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 – Lovelock v Minister of Transport 1980
Lord Denning said: ‘Assuming that he did fail to take into account a relevant consideration, the result is that, in point of legal theory, his consent was ‘void’. It was made without jurisdiction. It was a nullity. Just as if he had failed to . .
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Cited – Bolt, Regina (on the Application of) v Merseyside Police and Another Admn 16-Nov-2007
A disciplinary panel had found the claimant police officer in breach of the relevant code of conduct. It decided that he should be dismissed. On a review, an independent Chief Constable upheld the finding of misconduct; but he purported to set aside . .
Cited – Regina v Warwickshire County Council Ex Parte Powergen Plc QBD 9-Jan-1997
The power to incorporate highway works in planning agreements is limited to subject land. Forbes J said: ‘It is common ground that the new Section 278 was intended to fit into and play its part in the overall legislative system for the controlled . .
Cited – Regina v Secretary of State for Home Department ex parte Danaei CA 12-Nov-1997
An immigration adjudicator, after a hearing, had rejected the applicant’s asylum appeal, but accepted that he had left Iran because he had had an adulterous relationship;
Held: The Home Secretary was wrong to depart from the special . .

Lists of cited by and citing cases may be incomplete.
Updated: 08 October 2021; Ref: scu.537351

Lapointe v L’ Association De Bienfaisance Et Retraite De La Police De Montreal: PC 27 Jul 1906

(Quebec) The appellant, who was a member of the respondent benevolent and pension society, had been obliged to resign from the police force. Under those circumstances he became entitled according to the rules to have his case for a gratuity or pension considered by the board of directors and his right to such gratuity or pension determined by a majority of the board.
Held: They had to observe ‘the elementary principles of justice’. The so-called determination of the board was void and of no effect and the order which the Board humbly advised included a declaration and determination as required by the rules and that the proceedings were null and void.
Lord Macnaghten said: ‘They first appointed a committee of four from their own body to investigate the reason of Lapointe’s resignation. There would have been no objection to this course if the committee had been deputed to consider and report whether or not there was a prima facie case for inquiry. But what the committee did was to listen to all sorts of stories about Lapointe’s past history, and rake up everything that was against him during his connection with the force. Then, without telling Lapointe what the charges against him were, or giving him any opportunity of defending himself, they advised the board that the pension should be refused. Thereupon the board abnegated their judicial duties altogether. They summoned a general meeting of the members, and submitted a question, which they were bound to determine themselves, to a popular vote. The meeting was held on April 26, 1892, when by a large majority of the members present it was resolved that Lapointe’s name should not be entered on the pension roll of the society.
The whole of these proceedings were irregular, contrary to the rules of the society, and above all contrary to the elementary principles of justice. And the position of the board was certainly not improved by a formal resolution stating solemnly, what was contrary to the truth, that after having inquired into the facts and circumstances which brought about Lapointe’s resignation, and having deliberated upon his claim, the board ‘ decides that the pension on which he claims be refused, seeing that he was obliged to tender his resignation’.’
Lord Macnaghten
[1906] UKPC 56, [1906] AC 535, [1906] UKLawRpAC 36
Bailii, Commonlii
Canada
Cited by:
Cited – Ridge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed because he was not given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his . .

Lists of cited by and citing cases may be incomplete.
Updated: 08 October 2021; Ref: scu.419774

Cooper v Wilson: 1937

Police officers can be removed from office only by a valid exercise of the statutory power of dismissal. The principles of natural justice applied in the dismissal.
[1937] 2 KB 309
England and Wales
Cited by:
Cited – Flaherty v National Greyhound Racing Club Ltd CA 14-Sep-2005
The club regulated greyhound racing. The claimant had complained that its disciplinary proceedings had been conducted unfairly. He said that a panel member had an interest as veterinary surgeon in the proceedings at the stadium at which the alleged . .
Cited – Ridge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed because he was not given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his . .

Lists of cited by and citing cases may be incomplete.
Updated: 08 October 2021; Ref: scu.230096

Laws, Regina (on The Application of) v The Police Medical Appeal Board: Admn 12 Nov 2009

[2009] EWHC 3135 (Admin)
Bailii
England and Wales

Updated: 07 October 2021; Ref: scu.384127

Goodenough and Another v The Chief Constable of Thames Valley Police: CA 1 Oct 2021

Edis LJ
[2021] EWCA Civ 1422
Bailii
Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976, European Convention on Human Rights 2
England and Wales

Updated: 06 October 2021; Ref: scu.668331

Dyfed Powys Police, Regina (on The Application of) v Police Misconduct Tribunal: Admn 29 Jul 2020

Claim for judicial review challenging the lawfulness of decisions of a Police Misconduct Tribunal
The Honourable Mr Justice Nicklin
[2020] EWHC 2032 (Admin)
Bailii
England and Wales

Updated: 29 September 2021; Ref: scu.652939

Al Hajjeh v Westminster Magistrates’ Court: Admn 13 Aug 2021

Mr Justice William Davis
[2021] EWHC 2283 (Admin)
Bailii
England and Wales

Updated: 29 September 2021; Ref: scu.667964

Melia, Regina (on the Application Of) v Merseyside Police: Admn 11 Apr 2003

[2003] EWHC 1121 (Admin)
Bailii
England and Wales

Updated: 27 September 2021; Ref: scu.185032

The Deputy Chief Constable of Kent Police, Regina (on The Application of) v Chief Constable of Kent Police: Admn 31 Jul 2020

The Hon. Mrs Justice Elisabeth Laing
[2020] EWHC 2099 (Admin)
Bailii
England and Wales

Updated: 27 September 2021; Ref: scu.652936

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 parents now appealed against rejection of their claims.
Held: The appeals failed (Lady Hale and Lord Kerr dissenting) The court said that the situation did not warrant a departure from the ordinary application of common law principles that a defendant will not in general be made liable for harm to a claimant caused by the conduct of a third party.
Lord Toulson made clear that Lord Bridge’s speech in Caparo was not intended to be a universal rule: ‘What emerges [from the post-Anns decisions] is that, in addition to the foreseeability of damage, necessary ingredients in any situation giving rise to a duty of care are that there should exist between the party owing the duty and the party to whom it is owed a relationship characterised by the law as one of ‘proximity’ or ‘neighbourhood’ and that the situation should be one in which the court considers it fair, just and reasonable that the law should impose a duty of a given scope upon the one party for the benefit of the other. But it is implicit in the passages referred to that the concepts of proximity and fairness embodied in these additional ingredients are not susceptible of any such precise definition as would be necessary to give them utility as practical tests, but amount in effect to little more than convenient labels to attach to the features of different specific situations which, on a detailed examination of all the circumstances, the law recognises pragmatically as giving rise to a duty of care of a given scope.’
Lord Neuberger, President, Lady Hale, Deputy President , Lord Mance , Lord Kerr , Lord Reed , Lord Toulson, Lord Hodge
[2015] 1 AC 1732, [2015] UKSC 2, [2015] 2 WLR 343, [2015] Med LR 171, [2015] 2 All ER 635, [2015] HRLR 8, UKSC 2013/0043
Bailii, Bailii Summary, SC, SC Summary, SC Videoa Summary
Law Reform Miscellaneous Provisions Act 1934, Fatal Accidents Act 1976, Human Rights Act 1998, European Convention on Human Rights 2
England and Wales
Citing:
Appeal from – Michael and Others v South Wales Police and Another CA 20-Jul-2012
The deceased had called the police and said her life was under immediate threat. An officer downgraded its seriousness, and she was killed within 15 minutes by her partner, and before the officers arrived. She had sought assistance four times . .
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 – Rice v Connolly 1966
No Legal Duty to Assist a Constable
At common law there is no legal duty to provide the police with information or otherwise to assist them with their inquiries. Lord Parker set out three questions to be answered when asking whether there had been an obstruction of an officer in the . .
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 – 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 . .
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 – 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 – Donoghue (or M’Alister) v Stevenson HL 26-May-1932
Decomposed Snail in Ginger Beer Bottle – Liability
The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a . .
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 – Hedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
Cited – Rondel v Worsley HL 1967
Need for Advocate’s Immunity from Negligence
The appellant had obtained the services of the respondent barrister to defend him on a dock brief, and alleged that the respondent had been negligent in the conduct of his defence.
Held: The House considered the immunity from suit of . .
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 – 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 – 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 – 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 – Spring v Guardian Assurance Plc and Others HL 7-Jul-1994
The plaintiff, who worked in financial services, complained of the terms of the reference given by his former employer. Having spoken of his behaviour towards members of the team, it went on: ‘his former superior has further stated he is a man of . .
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 – Capital and Counties Plc and Another v Hampshire County Council; Etc CA 20-Mar-1997
Three cases were brought against fire services after what were said to be negligent responses to call outs. On one, the fire brigade was called to a fire at office premises in Hampshire. The fire triggered the operation of a heat-activated sprinkler . .
Cited – Duff v Highland and Islands Fire Board SCS 3-Nov-1995
(Scots) Firemen were not immune from suit for negligence as are police; no discretion. Lord Macfadyen observed obiter that he would have rejected a submission that the defenders did not owe to the owners of property affected by a fire which they . .
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 – Chief Constable of Northumbria v Costello CA 3-Dec-1998
A woman police officer was attacked by a prisoner in a cell. She sought damages for the failure of a senior officer nearby not to come to her aid, and from the chief constable under his vicarious liability.
Held: The chief constable’s appeal . .
Cited – Mullaney v Chief Constable of West Midlands Police CA 15-May-2001
The claimant police officer was severely injured making an arrest. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance.
Held: If a police officer owes a duty of care 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 – 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 – 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 – Kent v Griffiths and others CA 3-Feb-2000
A doctor attended the home of a patient suffering from an asthma attack and called for an ambulance to take her immediately to hospital. The control replied ‘Okay doctor.’ After 13 minutes the ambulance had not arrived and the patient’s husband made . .
Cited – Burnett v Grampian Fire and Rescue Service SCS 9-Jan-2007
SCS At this debate on a preliminary plea the court was asked to decide if Grampian Fire and Rescue Service owed a duty of reasonable care to Mr Burnett when fighting a fire which caused to his property. Mr . .
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 – Schuster v City of New York 1958
Court of Appeals of New York – The victim was a public spirited young man whose murder had no obvious explanation other than retribution for his cooperation with the police.
Held: It may be possible to create a case of circumstantial evidence . .
Cited – Riss v City of New York 1986
New York Court of Appeals – a young woman who had repeatedly sought police protection against a rejected suitor after repeated threats was blinded by a thug hired by him.
Held: (Keating J dissenting) No action for negligence lay. Individuals, . .
Cited – Cuffy v City of New York 1987
New York Court of Appeals – The court set out the elements of a special relationship between a municipality and a plaintiff which would negate a municipality’s claim to immunity: ‘(1) an assumption by the municipality, through promises or actions, . .
Cited – Noakes v City of Seattle 1995
. .
Cited – Carmichele v Minister of Safety and Security 16-Aug-2001
Constitutional Court of South Africa – The applicant had been assaulted by a man awaiting trial for attempted rape. Both police and prosecutor had recommended bail despite a history of sexual violence. She applicant sued the ministers responsible . .
Cited – Doe v Metropolitan Toronto (Municipality)
Commissioners of Police 30-Aug-1990
Ontario – High Court of Justice, Divisional Court – Negligence — Duty of care — Police not warning potential victim of serial rapist due to stereotypical belief that her hysterical response to warning would scare off rapist and make apprehension . .
Cited – Hill v Hamilton-Wentworth Regional Police Services Board 4-Oct-2007
Canlii Supreme Court of Canada – Torts – Negligence – Duty of care – Police investigation – Whether police owe duty of care to suspects in criminal investigations – If so, standard of care required by police . .
Cited – Minister of Safety and Security v Hamilton 26-Sep-2003
South Africa: Supreme Court of Appeal – Subject: Delict – police – legal duty to exercise reasonable care in considering, investigating and recommending application for firearm licence – liability for shooting by unfit person to whom firearm licence . .
Cited – Smith v Leurs 22-Oct-1945
High Court of Australia – The parents of a child denied liability for harm caused by their son using a shanghai.
Held: Dixon J said that: ‘It is, however, exceptional to find in the law a duty to control another’s actions to prevent harm to . .
Cited – Couch v Attorney-General 13-Jun-2008
Nzlii Supreme Court of New Zealand – [1] The victim of a criminal assault claims exemplary damages from the Attorney-General for claimed failures of the Probation Service to exercise reasonable care in the . .
Cited – Heaven v Pender, Trading As West India Graving Dock Company CA 30-Jul-1883
Duty Arising to Use Ordinary Care and Skill
The plaintiff was a painter. His employer engaged to repaint a ship, and the defendant erected staging to support the work. The staging collapsed because one of the ropes was singed and weakened, injuring the plaintiff.
Held: The defendant had . .
Cited – Sutherland Shire Council v Heyman 4-Jul-1985
(High Court of Australia) The court considered a possible extension of the law of negligence.
Brennan J said: ‘the law should develop novel categories of negligence incrementally and by analogy with established categories. ‘
Dean J said: . .
Cited – Yuen Kun-Yeu v Attorney-General of Hong Kong PC 1987
(Hong Kong) The claimant deposited money with a licensed deposit taker, regulated by the Commissioner. He lost his money when the deposit taker went into insolvent liquidation. He said the regulator was responsible when it should have known of the . .
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 – Kaye v Robertson CA 16-Mar-1990
A newspaper reporter and photographer invaded the (famouse) plaintiff’s hospital bedroom, purported to interview him and took photographs.
Held: The law of trespass provided no remedy because the plaintiff was not owner or occupier of the room . .
Cited – Woodland v Essex County Council SC 23-Oct-2013
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming . .
Cited – Davis v Radcliffe PC 5-Apr-1990
(Isle of Man) Misfeasance in public office.
Held: No duty of care was owed by financial regulators towards investors. . .
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 – 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 – 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 – Campbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
Cited – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .

Cited by:
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 . .
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 – 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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 27 September 2021; Ref: scu.541954

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 economic and reputational harm. Four officers arrested a suspected terrorist who later alleged mistreatment. The officers were cleared after investigation, but the arrestee then issued a civil claim against the chief constable. The officers suffered threats of violence against themselves. The CC settled the claim and complained of their refusing to give evidence without protection. The officers now alleged failures in the Commissioners duty of care to them.
Held: The Commissioner’s appeal was granted. The imposition of the claimed duty would not be fair, just or reasonable.
Although employees would normally have no entitlement to disclosure of privileged material in the possession of their employer relating to the defence of the original proceedings, the effective defence of proceedings by the employees against the employer brought on the basis that the earlier proceedings were conducted in breach of duty may well require waiver of privilege in order to demonstrate the contrary. This has the potential to undermine the effective conduct of the defence of the original claim against the employer in that the possibility of such a claim in negligence and the likelihood of having to waive privilege may well inhibit frank discussion between the employer and his legal advisers.
Baroness Hale of Richmond PSC. Lord Wilson, Lord Carnwath, Lord Hughes, Lord Hodge JJSC
[2018] UKSC 40, [2018] 1 WLR 3945, [2018] 1 WLR 4021, [2018] IRLR 954, [2018] ICR 1353, [2018] WLR(D) 529, UKSC 2017/0003
Bailii, WLRD, Bailii Summary, SC, SC Summary, SC Summary Video, SC 2018 Mar 6 am Video, SC 2018 Mar 6 pm Video, SC 2018 Mar 7 am Video, SC 2018 Mar 7 pm Video
England and Wales
Citing:
At first instance – James-Bowen and Others v The Commissioner of Police for The Metropolis QBD 1-May-2015
The claimants were police officers, subject to disciplinary proceedings after a complaint by an arrested terrorist subject that he had been assaulted. The allegations were dismissed, but they now complained that the respondent had not implemented . .
Appeal fom – James-Bowen and Others v Commissioner of Police for The Metropolis CA 30-Nov-2016
Appeal against the order of Jay J. striking out the particulars of claim and entering judgment for the respondent, the Commissioner of Police for the Metropolis, in an action brought against him by the four appellants, all of whom were, at the time . .
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 – Mullaney v Chief Constable of West Midlands Police CA 15-May-2001
The claimant police officer was severely injured making an arrest. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance.
Held: If a police officer owes a duty of care to . .
Cited – White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998
No damages for Psychiatric Harm Alone
The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy.
Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the . .
Cited – Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International HL 12-Jun-1997
Allowance of Stigma Damages
The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination.
Held: It is an implied term of any contract of employment that . .
Cited – Stevens v University of Birmingham QBD 31-Jul-2015
. .
Cited – Braganza v BP Shipping Ltd SC 18-Mar-2015
The claimant’s husband had been lost from the defendant’s ship at sea. The defendant had contracted to pay compensation unless the loss was by suicide. They so determined. The court was now asked whether that was a permissible conclusion in the . .
Cited – Gogay v Hertfordshire County Council CA 26-Jul-2000
The employee sought damages for breach of the implied term of trust and confidence, even though she remained throughout the employment of the Council against whom she was bringing proceedings.
Held: Her remaining in employment was a factor . .
Cited – Yapp v Foreign and Commonwealth Office CA 21-Nov-2014
Diplomat withdrawn from post following allegations of inappropriate conduct . .
Cited – Eastwood and another v Magnox Electric plc; McCabe v Cornwall County Council and others HL 15-Jul-2004
The first claimants were long standing employees. Mr Eastwood fell out with his manager, who disciplined him using false statements. When Williams refused to provide a false statement he too was disciplined. Each claimed damages for the injury to . .
Cited – Scally v Southern Health and Social Services Board HL 1991
The plaintiffs were junior doctors employed by the respondents. Their terms had been collectively negotiated, and incorporated the Regulations. During the period of their employment different regulations had given and then taken way their right to . .
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 . .
Cited – Societe Generale, London Branch v Geys SC 19-Dec-2012
The claimant’s employment by the bank had been terminated. The parties disputed the sums due, and the date of the termination of the contract. The court was asked ‘Does a repudiation of a contract of employment by the employer which takes the form . .
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 – Crossley v Faithfull and Gould Holdings Ltd CA 16-Mar-2004
The employee claimant was to retire. On his employer’s negligent advice he resigned and opted for discretionary benefits.
Held: The employer owed no general duty of care to an employee’s financial interests. Nor could a term requiring such a . .
Cited – Donoghue (or M’Alister) v Stevenson HL 26-May-1932
Decomposed Snail in Ginger Beer Bottle – Liability
The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a . .
Cited – Hedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
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 – JD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
Exemplar – Mohidin and Others v Commissioner of The Police of The Metropolis and Others QBD 27-Jan-2016
. .
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 – 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 – ABC v St George’s Healthcare NHS Trust and Others CA 16-May-2017
Appeal from order striking out claim at common law as disclosing no reasonably arguable duty of care. The claimant’s father, whilst detained as a mental patient had been diagnosed with Huntington’s Disease, but the defendant, knowing that the . .
Cited – Dennis and Sons Ltd v West Norfolk Farmers Manure and Chemical Co-operative Co Ltd ChD 1943
Shareholders were entitled to disclosure of an accountants’ report concerning the rights and duties of the board commissioned by the directors, notwithstanding that by the time the report was received the shareholders had commenced proceedings . .
Cited – Willers v Joyce and Another (Re: Gubay (Deceased) No 1) SC 20-Jul-2016
Parties had been involved in an action for wrongful trading. This was not persisted with but the claimant sought damages saying that the action was only part of a campaign to do him harm. This appeal raised the question whether the tort of malicious . .
Cited – CIA Barca de Panama SA v George Wimpey and Co Ltd CA 1980
Claim to Legal Professional Privilege Lost
Barca and Wimpey had been 50/50 joint venturers through the medium of a company called DLW which had provided services to oil companies in the Middle East, including the Aramco Group. Wimpey agreed to buy out Barca’s interest in DLW on terms which . .
Cited – Dian AO v Davis, Frankel and Mead QBD 2005
Application was made for the disclosure of documents from an earlier court case involving the defendants.
Held: The application as made was disallowed. The right thing to do was to identify the documents it sought with reasonable precision and . .
Cited – Commercial Union Assurance Co plc v Mander QBD 1996
Moore-Bick J provided the following example: ‘Although in many cases a relationship between two parties which supports common interest privilege will be one which also gives each of them a right to obtain disclosure of confidential documents . .
Cited – Dian AO v Davis Frankel and Mead 2005
Moore-Bick J discussed the principle of open justice, saying that the highest importance was to be attached to the principle and that it was for that reason that in ‘all but exceptional cases’ hearings are conducted in public, judgment is delivered . .

Cited by:
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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 27 September 2021; Ref: scu.620135

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 wife, also an officer, complained about malpractice in her unit. The causal connection test need not be applied in any legalistic way.
Times 24-Aug-1999, [1999] EWHC Admin 627
Bailii
Police Pensions Regulations 1987 (1987 No 257)
England and Wales
Cited by:
Cited – 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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 27 September 2021; Ref: scu.85338

Farrell v The Chief Constable of West Midlands Police: Admn 18 Dec 2007

The defendant challenged the decision to caution her for a minor assault.
[2007] EWHC 3187 (Admin)
Bailii
England and Wales

Updated: 23 September 2021; Ref: scu.271197

B v Director of Public Prosecutions: Admn 3 Jul 2008

The defendant, a minor, appealed against conviction for obstructing a police constable and breach of the peace. He said he was resisting an unlawful search.
Held: The officer’s conduct must be lawful to support such an allegation.
Moses LJ, Blake J
[2008] EWHC 1655 (Admin)
Bailii
Police and Criminal Evidence Act 1984 2(2)(b)
England and Wales
Cited by:
Cited – McCann v Crown Prosecution Service Admn 21-Aug-2015
Appeal by case stated against conviction for obstructing a police officer in the execution of his duty. The appellant had been protesting. She, correctly, thought the land to be a rivate highway. The police officer had thought it a public hghway and . .

Lists of cited by and citing cases may be incomplete.
Updated: 23 September 2021; Ref: scu.270901

City of London Police Authority, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 14 Feb 2003

[2003] EWHC 314 (Admin)
Bailii
England and Wales

Updated: 20 September 2021; Ref: scu.184959

W, Regina (on The Application of) v The Secretary of State for Justice: Admn 8 Jul 2015

Mr Justice Simon
[2015] EWHC 1952 (Admin)
Bailii
England and Wales

Updated: 20 September 2021; Ref: scu.550029

Regina v Chief Constable of the Thames Valley Police, Ex parte Cotton: CA 1990

The Chief Constable’s power to dispense with a probationer’s services under Condition 7 is only exercisable in cases where the probationer constable’s unfitness does not arise from alleged misconduct, for example where it arises from the constable’s mental or physical condition, such as being overweight.
Bingham LJ said: ‘As to the fairness of the Chief constable making such a decision, the absence of prejudice may be a relevant factor in the denial of a remedy, but to deny a remedy as a matter of discretion in such a case should be a rarity. While cases may arise where denying the subject of a decision an adequate opportunity to put his case is not in all the circumstances unfair, I would expect these cases to be of great rarity. There are a number of reasons for this. 1) Unless the subject of the decision has had an opportunity to put his case it may not be easy to know what case he could or would have put if he had had the chance 2) As memorably pointed out by Megarry J in John v Rees [1970] Ch 345 at p.402, experience shows that that which is confidently expected is by no means always that which happens. 3) It is generally desirable that decision-makers should be reasonably receptive to argument, and it would therefore be unfortunate if the complainant’s position became weaker as the decision-maker’s mind became more closed. 4) In considering whether the complainant’s representations would have made any difference to the outcome the court may unconsciously stray from its proper province of reviewing the propriety of the decision-making process into the forbidden territory of evaluating the substantial merits of a decision. 5) This is a field in which appearances are generally thought to matter. 6) Where a decision-maker is under a duty to act fairly the subject of the decision may properly be said to have a right to be heard, and rights are not to be lightly denied.’
Bingham LJ
[1990] IRLR 344
England and Wales
Citing:
Cited – John v Rees and Others; Martin and Another v Davis and Others ChD 1969
The Court was asked as to the validity of proceedings at a meeting of the members of the local Labour Party which had broken up in disorder. The proceedings were instituted by the leader of one faction on behalf of himself and all other members of . .

Cited by:
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Cited – Regina v Carroll and Al-Hasan and Secretary of State for Home Department Admn 16-Feb-2001
The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden . .
Cited – National Association of Health Stores and Another, Regina (on the Application of) v Department of Health CA 22-Feb-2005
Applications were made to strike down regulations governing the use of the herbal product kava-kava.
Held: The omission of any transtitional provisions had not affected anyone. Nor was the failure to consult as to the possibility of dealing . .
Cited – Shoesmith, Regina (on The Application of) v OFSTED and Others CA 27-May-2011
The claimant appealed against dismissal of her claim. She had been head of Child Services at Haringey. After the notorious violent death of Baby P, the Secretary of State called for an inquiry under the Act. He then removed her as director. She . .

Lists of cited by and citing cases may be incomplete.
Updated: 05 September 2021; Ref: scu.187082

EB v The Secretary of State for The Home Department: Admn 29 Jan 2016

[2016] EWHC 137 (Admin)
Bailii
Terrorism Prevention and Investigation Measures Act 2011
England and Wales

Updated: 05 September 2021; Ref: scu.559384

McKee v Chief Constable for Northern Ireland: HL 1984

The House considered the state of mind of an officer required to allow an arrest under the section.
Held: Lord Roskill said: ‘On the true construction of section 11(1) of the statute, what matters is the state of mind of the arresting officer and of no one else. That state of mind can legitimately be derived from the instruction given to the arresting officer by his superior officer. The arresting officer is not bound and indeed may well not be entitled to question those instructions or to ask upon what information they are founded.’
Lord Roskill
[1985] 1 All ER 1, [1984] NI 169, [1984] 1 WLR 1358
Northern Ireland (Emergency Provisions) Act 1978 11(1)
Northern Ireland
Cited by:
Distinguished – O’Hara v Chief Constable of the Royal Ulster Constabulary HL 21-Nov-1996
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 . .
Distinguished – Commissioner of Police of the Metropolis v Raissi CA 12-Nov-2008
The Commissioner appealed against an award of damages for false imprisonment. The claimant had been arrested shortly after a terrorist attack. The judge had held that they had no reasonable belief of his involvement. The Commissioner did not now . .

Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2021; Ref: scu.298305

Reading Festival Ltd v West Yorkshire Police Authority: CA 3 May 2006

The organisers of a music festival in Leeds appealed a decision that they were liable to pay in full a bill from the police for additional services in policing the festival.
Held: The organisers appeal succeeded. Whilst it was a matter for the police how they felt that the festival needed to be policed, the organiser was not to be put in an all or nothing position. Though the section did not speak of a contract, some agreement from the organiser would normally be required before he could be made liable. There was insufficent evidence of a request from the organisers for the services provided.
Scott Baker LJ said that section 25: ‘is an enabling section. That is, it enables the police to do that which the common law already said they could do. For my part, I do not think section 15 (1) added anything to or altered the common law position except possibly to clarify that the police authority has the last word on the scale of charges.’
The Hon Mr Justice Neuberger The Honourable Mr Justice Jacob Lord Justice Scott Baker
Times 15-May-2006, [2006] EWCA Civ 524, [2006] 1 WLR 2005
Bailii
Police Act 1996 25
England and Wales
Citing:
Cited – Harris v Sheffield United Football Club Ltd CA 1987
The court was asked whether services provided by the police at Sheffield United Football Club for the club’s home fixtures were ‘special police services’ so that, if they were provided at the club’s request, the police could charge for them. Up . .
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 by:
Cited – Greater Manchester Police v Wigan Athletic AFC Ltd ChD 21-Dec-2007
The claimant sought payment under section 25 from the defendant football club for the costs of policing football matches. The defendant said that the sums were not due since the events had been over-policed, and had not been agreed or requested.
Cited – Greater Manchester Police v Wigan Athletic AFC Ltd CA 19-Dec-2008
The parties disputed the amounts payable by a football club to the police for the attendance of police officers at matches. The defendant appealed against a finding that it had requested the services for which charges had been made under section 25 . .

Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2021; Ref: scu.241444

Regina (X) v Chief Constable of West Midlands Police: CA 30 Jul 2004

The claimant had been accused of offences, but the prosecution had been discontinued when the child victims had failed to identify him. The police had nevertheless notified potential employers and he had been unable to obtain work as a social worker.
Held: The Chief Constable’s appeal succeeded. In order for the police to include in an enhanced disclosure material of this kind, he had to be satisfied that the information had to be relevant for a position which would regularly involve working with children or vulnerable adults. What was to be included was a matter for the opinion of the Chief Constable, but he had a duty to disclose the elements which were relevant. The policy served a pressing social need. It might be unfortunate if the claimant had been wrongly identified, but he would be in the same position if the employer had asked the same questions which a prudent employer might ask, namely whether he had ever been charged with any offences. The disclosure of such material could not be a breach of the claimant’s Article 8 rights.
Lord Woolf CJ described the general scheme of the legislation: ‘. . . it is useful to note the following significant aspects of the statutory scheme involving ECRCs.
(i) The whole process of obtaining an ECRC is initiated by the person to whom the certificate will relate. The certificate is for his purposes to enable him to obtain employment which, at least in practical terms, will not be available to him unless he obtains a certificate.
(ii) The certificate will only be seen by the applicant and his prospective employer.
(iii) The applicant has the opportunity to persuade the Secretary of State to correct the certificate.
(iv) The Chief Constable is under a duty to provide the information referred to in section 115(7). This is subject to the requirement that the information might be relevant and ought to be included in the certificate. What might be relevant and what ought to be included is a matter for the opinion of the Chief Constable.
(v) The applicant is in a position to provide additional information if he wishes, whether in conflict with the certificate or not, to the prospective employer and it is the prospective employer who will make the decision as to whether he should or should not be employed.’ and
‘ Having regard to the language of section 115, the Chief Constable was under a duty to disclose if the information might be relevant, unless there was some good reason for not making such a disclosure.
This was obviously required by Parliament because it was important (for the protection of children and vulnerable adults) that the information should be disclosed even if it only might be true. If it might be true, the person who was proposing to employ the claimant should be entitled to take it into account before the decision was made as to whether or not to employ the claimant. This was the policy of the legislation in order to serve a pressing social need.’
Lord Woolf said that s115 was compliant with the convention: ‘It is helpful to note that while it is accepted by both parties that the information which is included in the ECRC might offend against article 8(1), it is not suggested that the legislation itself contravenes article 8. No doubt this is because disclosure of the information contained in the certificate would be ‘in accordance with the law’ and ‘necessary in a democratic society’, in the interests of public safety and for the prevention of crime and for the protection of the rights and freedoms of others. This country must, through its legislature, be entitled to enable information to be available to prospective employers, where the nature of the employment means that particular care should be taken to ensure that those who are working with the appropriate categories of persons can be relied on to do so, without those in their care coming to harm if they are under the age of 18 or vulnerable adults.’ and ‘ . . how can the Chief Constable’s decision to disclose be challenged under article 8? As already indicated, the Chief Constable starts off with the advantage that his statutory role is not in conflict with article 8, because the statute meets the requirements of article 8(2). It follows also, that as long as the Chief Constable was entitled to form the opinion that the information disclosed might be relevant, then absent any untoward circumstance which is not present here, it is difficult to see that there can be any reason why the information that ‘might be relevant’, ought not to be included in the certificate. I accept that it is possible that there could be cases where the information should not be included in the certificate because it is disproportionate to do so; the information might be as to some trifling matter; it may be that the evidence made it so unlikely that the information was correct, that it again would be disproportionate to disclose it. These were not, in my judgment, the situations on the facts before the Chief Constable.’ and
‘The information which was disclosed, was information which a responsible employer in this field would want to know before making a decision as to whether to employ the claimant. The claimant is seeking to prevent that information being available. In my judgment, the making available of that information in accordance with the law, as occurred here, could not be contrary to article 8(2).’
Woolf LCJ, Mummery, Laws, LJJ
Times 17-Aug-2004, [2004] EWCA Civ 1068, [2005] 1 WLR 65, [2005] 1 All ER 610
Bailii
Police Act 1997 115, European Convention on Human Rights 8
England and Wales
Citing:
Appeal from – Regina (X) v Chief Constable of West Midlands Police QBD 23-Jan-2004
The claimant, a social worker, had been accused of two offences of indecency with children, but the complainants had failed to identify him. The respondent later disclosed those allegations when called upon to provide an enhanced criminal record . .
Cited – Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
Cited – Regina v Local Authority and Police Authority in the Midlands ex parte LM 2000
The applicant owned a bus company whose contract with the local education authority for the provision of school bus services was terminated after the disclosure by the police and the social services department of a past investigation into an . .

Cited by:
Cited – L, Regina (on the Application of) v Commissioner of Police of the Metropolis Admn 19-Mar-2006
The court considered the duties on the respondent in providing an enhanced criminal record certificate. In one case, the claimant had brought up her son who was made subject to child protection procedures for neglect. Her job involved supervising . .
Cited – Dr D, Regina (on the Application of) v Secretary of State for Health CA 19-Jul-2006
The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the . .
Cited – L, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another CA 1-Mar-2007
The court considered the proper content of an enhanced criminal record certificate. The claimant said that it should contain only matter relating to actual or potential criminal activity.
Held: As to the meaning of section 115: ‘if Parliament . .
Disapproved – L, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .
Cited – C, Regina (on The Application of) v Secretary of State for The Home Department and Another CA 19-Jan-2011
The Chief Constable appealed against an order made against him on the disclosure made on replying to an Enhanced Criminal Record Certificate request, of unproven sexual misconduct allegations against the claimant. The judge had found the disclosure . .
Cited – Moos and Another, Regina (on The Application of) v Commissioner of the Police of The Metropolis Admn 14-Apr-2011
The claimants, demonstrators at the G20 summit, complained of the police policy of kettling, the containment of a crowd over a period of time, not because they were expected to to behave unlawfully, but to ensure a separation from those who were. . .
Cited – Clift v Slough Borough Council CA 21-Dec-2010
The court was asked how, if at all, the Human Rights Act 1998 has affected a local authority’s defence of qualified privilege in defamation cases. The claimant had been placed on the Council’s Violent Persons Register after becoming very upset and . .
Cited – T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
Cited – AR, Regina (on The Application of) v Chief Constable of Greater Manchester Police and Another SC 30-Jul-2018
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .

Lists of cited by and citing cases may be incomplete.
Updated: 17 August 2021; Ref: scu.200297

RK, Regina (on The Application of) v South Yorkshire Police and Another: Admn 10 Jun 2013

Dispute between the claimant and South Yorkshire Police (‘SYP’) in connection with the latter’s proposed disclosure to prospective employers of information relating to events allegedly involving the claimant that occurred almost ten years ago. Casting a long shadow across this case is an issue of wider significance: in what circumstances is it appropriate for the police to disclose to prospective employers details of allegations in respect of which the prospective employee was tried and acquitted?
The Hon Mr Justice Coulson
[2013] EWHC 1555 (Admin)
Bailii
England and Wales
Cited by:
Cited – AR, Regina (on The Application of) v Chief Constable of Greater Manchester Police and Another SC 30-Jul-2018
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .

Lists of cited by and citing cases may be incomplete.
Updated: 17 August 2021; Ref: scu.510722

Graham v Chief Constable of West Mercia Constabulary and Others: QBD 14 Jan 2011

The claimant had lost work as a police interpreter after being accused of the harassment of a police officer. The accusation led to a ‘first harassment warning’. She sought damages alleging unlawful arrest, false iprisonment harassment and otherwise.
Held: Her correspondence was inappropriate and she had continued after being clearly requested to stop. It amounted to harassment. The arrest had been lawful. However the searches and seizures had been unlawful.
Richard Seymour QC J
[2011] EWHC 4 (QB)
Bailii
Protection from Harassment Act 1997, Police and Criminal Evidence Act 1984 24
England and Wales

Updated: 17 August 2021; Ref: scu.428198

S, Regina (on the Application of) v West Mercia Constabulary and Another: Admn 18 Nov 2008

The claimant complained of an enhanced disclosure of his record disclosing has arrest and trial on charges of outraging public decency. He said that he had been acquitted in terms which clearly said that the case was one of mistaken identity.
Held: The claim succeeded. It was not enough for the police to discount an acquittal without some investigation at least of the basis of the acquittal: ‘I do not suggest for one minute that allegations should not be disclosed in an ECRC simply because the alleged offender has been acquitted. The circumstances surrounding the acquittal are all important. There will be instances where an alleged offender is acquitted but only because the Magistrates (or Jury) entertain a reasonable doubt about the alleged offender’s guilt. The tribunal of fact may harbour substantial doubts. In such circumstances, however, it might well be perfectly reasonable and rational for a Chief Constable to conclude that the alleged offender might have committed the alleged offence. To repeat, however, there are very powerful reasons in the instant case why it is very unlikely that the Claimant committed the alleged offences. That being so it was not reasonably open to the DCC to conclude that he might have done so.’
Wyn Wiliams J
[2008] EWHC 2811 (Admin)
Bailii
England and Wales
Cited by:
Cited – AR, Regina (on The Application of) v Chief Constable of Greater Manchester Police and Another SC 30-Jul-2018
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .

Lists of cited by and citing cases may be incomplete.
Updated: 17 August 2021; Ref: scu.277935

A, Regina (on The Application of) v Kent Constabulary: CA 20 Dec 2013

The claimant had successfully challenged the terms of an enhanced Criminal Record certificate. The Chief Constable now appealed.
Pitchford, Beatson, Gloster LJJ
135 BMLR 22, [2013] EWCA Civ 1706
Bailii
Police Act 1997
England and Wales
Cited by:
Cited – AR, Regina (on The Application of) v Chief Constable of Greater Manchester Police and Another SC 30-Jul-2018
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .

Lists of cited by and citing cases may be incomplete.
Updated: 17 August 2021; Ref: scu.519313

A, Regina (on The Application of) v The Chief Constable of Kent Constabulary: Admn 8 Mar 2013

Claim under the Human Rights Act 1998, in respect of the Defendant’s decision to disclose allegations of neglect and ill-treatment of care home residents in an Enhanced Criminal Records Certificate; the ECRC recorded that the applicant was found not guilty of four charges of ill-treatment or neglect of a person without capacity, ‘no evidence being offered’.
Held: The information had been included properly.
Mrs Justice Lang
[2013] EWHC 424 (Admin), (2013) 135 BMLR 22
Bailii
England and Wales
Cited by:
Cited – AR, Regina (on The Application of) v Chief Constable of Greater Manchester Police and Another SC 30-Jul-2018
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .

Lists of cited by and citing cases may be incomplete.
Updated: 17 August 2021; Ref: scu.471549

Regina (BW) v Independent Monitor: Admn 2015

The ECRC had included the reasons given by a District Judge in the Youth Court for acquitting the applicant of a charge of common assault, including his view that ‘the burden of proof was not to the required standard and that the benefit of the doubt had to be given to the [applicant]’.
Held: The information had been properly recorded on the Enhanced Certificate.
[2015] EWHC 4095 (Admin)
England and Wales
Cited by:
Cited – AR, Regina (on The Application of) v Chief Constable of Greater Manchester Police and Another SC 30-Jul-2018
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .

Lists of cited by and citing cases may be incomplete.
Updated: 17 August 2021; Ref: scu.666626

Chief Constable of Lancashire Constabulary v Information Commissioner: FTTGRC 15 Mar 2012

[2012] UKFTT 2011 – 0278 (GRC)
Freedom of Information Act 2000
England and Wales

Updated: 12 August 2021; Ref: scu.452347

AR, Regina (on The Application of) v The Greater Manchester Police and Another: Admn 5 Sep 2013

The claimant sought judicial review of the enhanced criminal record issued by the respondents when he sought a licence as a private hire driver. He had been tried and acquitted on a charge of rape.
Held: The request for review failed.
After referring to Allen v UK, the judge said or article 6: ‘a) The aim of Article 6.2 (after acquittal) is to protect the individual who is acquitted from being treated in subsequent proceedings or by public officials as if in fact guilty of the offence charged. Contrary to Mr Southey’s submission that the disclosure here ‘implies that [the claimant] is guilty of a serious sexual offence’, in my view it does no such thing. In no way does it suggest that he should have been convicted, nor does it suggest that he in fact committed the acts complained of. What may fairly be implied is the suggestion that, notwithstanding the acquittal, he may in fact have committed the acts complained of; that does not, however, impugn the correctness of the acquittal, and I accept Mr Coppel’s submission that there is a valid distinction between a statement casting doubt on the correctness of an acquittal and a statement that suggests that, notwithstanding the acquittal, the claimant might have committed the acts alleged.
b) In my judgment, it is no breach of article 6(2) to imply, in a statement made lawfully under Section 113B(4) of the Police Act 1997, that, notwithstanding the acquittal, the claimant might in fact have committed the act complained of in a criminal charge. For such disclosure to be lawful, it must be justified under Article 8, as I have found this disclosure to be, and in my view that renders the disclosure lawful under the ECHR.’
Raynor QC HHJ
[2013] EWHC 2721 (Admin)
Bailii
Police Act 1997, European Convention on Human Rights 6(2)
England and Wales
Cited by:
Appeal from – AR, Regina (on The Application of) v Greater Manchester Police and Another CA 10-Jun-2016
The claimant complained that despite his acquittal after trial on a charge of rape, the accusation was revealed by the defendant on application for an enhanced criminal record certificate.
Held: The information contained in the certificate . .
At Admn – AR, Regina (on The Application of) v Chief Constable of Greater Manchester Police and Another SC 30-Jul-2018
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .

Lists of cited by and citing cases may be incomplete.
Updated: 11 August 2021; Ref: scu.584693

AR, Regina (on The Application of) v Greater Manchester Police and Another: CA 10 Jun 2016

The claimant complained that despite his acquittal after trial on a charge of rape, the accusation was revealed by the defendant on application for an enhanced criminal record certificate.
Held: The information contained in the certificate involved no breach of his rights under either article 6.2 (presumption of innocence) or article 8 (right to respect for private and family life).
Lord Dyson MR, McCombe, David Richads LJJ
[2016] EWCA Civ 490, [2016] 1 WLR 4125, [2016] WLR(D) 304
Bailii, WLRD
Police Act 1997 113B
England and Wales
Citing:
Appeal from – AR, Regina (on The Application of) v The Greater Manchester Police and Another Admn 5-Sep-2013
The claimant sought judicial review of the enhanced criminal record issued by the respondents when he sought a licence as a private hire driver. He had been tried and acquitted on a charge of rape.
Held: The request for review failed.
Cited by:
Appeal from (CA) – AR, Regina (on The Application of) v Chief Constable of Greater Manchester Police and Another SC 30-Jul-2018
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .

Lists of cited by and citing cases may be incomplete.
Updated: 11 August 2021; Ref: scu.565358

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 investigations properly or expeditiously and they sued for loss of overtime payments which they would otherwise have received during their periods of suspension.
Held: The claim failed. It would be contrary to public policy to prejudice the fearless and efficient discharge by police officers of their vitally important public duty of investigating crime by requiring them to act under the shadow of a potential action for damages for negligence by the suspect.
Lord Bridge dealing with the question of whether the police owe a duty of care to a suspect in carrying out a criminal investigation observed that: ‘One must therefore ask the question whether foreseeable injury to the suspect may be caused on the hypothesis either that he has never been charged or, if charged, that he has been acquitted at trial or on appeal, or that his conviction has been quashed on an application for judicial review. It is, I accept, foreseeable that in these situations the suspect may be put to expense, or may conceivably suffer some other economic loss, which might have been avoided had a more careful investigation established his innocence at some earlier stage. However, any suggestion that there should be liability in negligence in such circumstances runs up against the formidable obstacles in the way of liability in negligence for purely economic loss. Where no action for malicious prosecution would lie, it would be strange indeed if an acquitted defendant could recover damages for negligent investigation. Finally, all other considerations apart, it would plainly be contrary to public policy, in my opinion, to prejudice the fearless and efficient discharge by police officers of their vitally important public duty of investigating crime by requiring them to act under the shadow of a potential action for damages for negligence by the suspect. If no duty of care is owed by a police officer investigating a suspected crime to a civilian suspect, it is difficult to see any conceivable reason why a police officer who is subject to investigation under the Regulations of 1977 should be in any better position.’ and ‘ . . it is not reasonably foreseeable that the negligent conduct of a criminal investigation would cause injury to the health of the suspect, whether in the form of depressive illness or otherwise.’
The availability of the tort of misfeasance in public office is one reason justifying the non-actionability of a claim in negligence where there is an act of maladministration: ‘where no action for malicious prosecution would lie, it would be strange indeed if an acquitted defendant could recover damages for negligent investigation.”

The availability of the tort of misfeasance in public office was one reason justifying the non-actionability of a claim in negligence for an act of maladministration: ‘I do not regard this as an occasion where it is necessary to explore, still less to define, the precise limits of the tort of misfeasance in public office. It suffices for present purposes to say that it must at least involve an act done in the exercise or purported exercise by the public officer of some power or authority with which he is clothed by virtue of the office he holds and which is done in bad faith or (possibly) without reasonable cause. The decision to suspend the plaintiff Park under regulation 24 was taken by the deputy Chief Constable. If this had been done maliciously in the sense indicated, this would certainly be capable of constituting the tort of misfeasance in public office. But it was conceded that no malice is alleged against the deputy Chief Constable and that malice on the part of Grant cannot be imputed to him. The pleaded case must therefore stand or fall according as to whether it identifies any act done by Grant in the exercise or purported exercise of a power or authority vested in him as investigating officer which was infected by the malice pleaded against him. I can find no such act identified by the pleading.
No formal application to amend the pleading was made in the course of the argument, but at a late stage a document was placed before your Lordships indicating a pleading of additional particulars under paragraphs 22 and 24 which the plaintiff might seek leave to add by way of amendment if those two paragraphs in the statement of claim were allowed to stand. The particulars which it is suggested might be added under paragraph 24 would read:
‘From an early stage (the date whereof the plaintiff cannot further particularise until after discovery and/or interrogatories herein) Grant knew or believed that there were no proper grounds for suspending the plaintiff yet procured the imposition of and/or the continuation of the suspension by continuing the investigation and giving misleading and/or incomplete reports concerning the same.’
It is evident that if a police officer investigating suspected criminal or disciplinary offences makes a false report to his superior officer which is defamatory of the suspect and that report is made maliciously so as to lose its status of qualified privilege, the suspect has a cause of action in tort against the author of the report. But the tort is defamation not misfeasance in public office, since the mere making of a report is not a relevant exercise of power or authority by the investigating officer. I express no opinion as to whether in those circumstances the Chief Constable would be vicariously liable under section 48(1) of the Act of 1964. However that may be, the suggested additional particulars under paragraph 24 of the statement of claim would do nothing to validate the pleading of misfeasance in public office and obviously fall far short of disclosing a reasonable cause of action in defamation.’ ‘
Lord Bridge of Harwich
[1989] AC 1228, [1989] 1 All ER 1025, [1989] 2 WLR 624
England and Wales
Cited by:
Cited – Cornelius v Hackney London Borough Council CA 25-Jul-2002
The applicant sought damages from the council for misfeasance in public office. Protracted litigation had followed his dismissal after he had attempted to bring allegations of misconduct within the authority to the attention of a council committee. . .
Cited – Mullaney v Chief Constable of West Midlands Police CA 15-May-2001
The claimant police officer was severely injured making an arrest. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance.
Held: If a police officer owes a duty of care to . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England HL 18-May-2000
The applicants alleged misfeasance against the Bank of England in respect of the regulation of a bank.
Held: The Bank could not be sued in negligence, but the tort of misfeasance required clear evidence of misdeeds. The action was now properly . .
Cited – Barnard v Restormel Borough Council CA 6-Feb-1998
The council appealed a refusal to strike out the proceedings. The claimant alleged misfeasance in a planning decision giving a competitor consent to development. He said the mayor had deceived the planning committee as to the need to consider the . .
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 – 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 – Elliott v Chief Constable of Wiltshire and Others ChD 20-Nov-1996
Sir Richard Scott discussed the tort of misfeasance in public office as described in Calveley: ‘I would agree that the tort of misfeasance in public office does require that the misconduct complained of should be sufficiently connected with the . .
Cited – French and others v Chief Constable of Sussex Police CA 28-Mar-2006
The claimants sought damages for psychiatric injury. They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force.
Held: The claim failed: ‘these claimants have no . .
Cited – Connolly-Martin v Davis CA 27-May-1999
A claim was brought by a party against counsel for his opponent who had gone beyond his authority in giving an undertaking for his client.
Held: The claim had no prospect of success, and had been struck out correctly. Counsel offering to the . .
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 – 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 . .
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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 09 August 2021; Ref: scu.182998

Mohidin and Another v Commissioner of The Police of The Metropolis and Others: QBD 2 Oct 2015

The claimants, a group of youths complained of unlawful arrests and assaults on being arrested. The officers had been tried for misfeasance in public office and aggravated assaults, but been acquitted. One officer (not accused) had given evidence against the other officers. Cross complaints had then been made against him.
Held: Claims succeeded in two from the three cases.
Gilbart J
[2015] EWHC 2740 (QB)
Bailii
England and Wales
Cited by:
See also – Mohidin and Others v Commissioner of The Police of The Metropolis and Others QBD 27-Jan-2016
. .

Lists of cited by and citing cases may be incomplete.
Updated: 09 August 2021; Ref: scu.552885

Mullaney v Chief Constable of West Midlands Police: CA 15 May 2001

The claimant police officer was severely injured making an arrest. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance.
Held: If a police officer owes a duty of care to another police officer and if he is in breach of that duty the relevant chief police officer is liable provided that the breach is committed in the course of his `employment’ The chief constable should be treated as owing to his officers the same duties as an employer owes to his employees, subject to such considerations of public policy as arise on the facts of a particular case. The chief constable was in breach of his non-delegable or personal duty owed to the claimant as his quasi-employer because, although a safe system was devised, it was not safely operated.
Lord Justice Potter Lord Justice Clarke And Mr Justice Bodey
[2001] EWCA Civ 700, Times 09-Jul-2001
Bailii
Police Act 1996 88(1), Police (Health and Safety) Act 1997, Health and Safety at Work etc Act 1974 51A
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 . .
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 – Ancell and Another v McDermott and Others CA 17-Mar-1993
Police are under no duty to warn road users of a hazard on road. The police have no general liability in negligence for reasons of public policy. . .
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 – Hughes v National Union of Mineworkers QBD 1991
The court struck out as disclosing no cause of action a claim by a police officer who was injured while policing the miners’ strike and who alleged that the police officer in charge had deployed his men negligently.
Held: The officer in charge . .
Cited – Swinney and Another v Chief Constable of Northumbria CA 22-Mar-1996
The plaintiff, a woman and her husband, had passed on information in confidence to the police about the identity of a person implicated in the killing of a police officer, expressing her concern that she did not want the source of the information to . .
Cited – Capital and Counties Plc and Another v Hampshire County Council; Etc CA 20-Mar-1997
Three cases were brought against fire services after what were said to be negligent responses to call outs. On one, the fire brigade was called to a fire at office premises in Hampshire. The fire triggered the operation of a heat-activated sprinkler . .
Cited – Chief Constable of Northumbria v Costello CA 3-Dec-1998
A woman police officer was attacked by a prisoner in a cell. She sought damages for the failure of a senior officer nearby not to come to her aid, and from the chief constable under his vicarious liability.
Held: The chief constable’s appeal . .
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 – White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998
No damages for Psychiatric Harm Alone
The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy.
Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the . .
Cited – Waters v Commissioner of Police for the Metropolis HL 27-Jul-2000
A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. Her claim was struck out, but restored on appeal.
Held: . .
Cited – Kent v Griffiths and Others (No 2) CA 10-Feb-2000
An ambulance service could be liable in negligence in respect of its response to an emergency call-out where for no good reason there was an unreasonable delay in responding, and the servivice had accepted the call. The ambulance service was . .
Cited – McDermid v Nash Dredging and Reclamation Co Ltd HL 2-Jul-1986
The Court explained the duty of an employer towards his employees as regards their safety: ‘an employer owes to his employee a duty to exercise reasonable care to ensure that the system of work provided for him is a safe one. Secondly, a provision . .

Cited by:
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 – 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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2021; Ref: scu.147546

Cullen v Chief Constable of the Royal Ulster Constabulary (Northern Ireland): HL 10 Jul 2003

The claimant had been arrested. He had been refused access to a solicitor whilst detaiined, but, in breach of statutory duty, he had not been given reasons as to why access was denied. He sought damages for that failure.
Held: If damages were awardable, they would not be available without proof of special damage. The availability of a remedy by way of judicial review was significant, despite the lack of opportunity to cross examine witnesses in such cases. A relative knowing of his detention might well obtain legal advice on his behalf. Damages were not therefore available in the absence of proof of loss.
Lord Bingham of Cornhill, Lord Steyn, Lord Hutton, Lord Millett, Lord Rodger of Earlsferry
Gazette 18-Sep-2003, [2003] UKHL 39, [2003] 1 WLR 1763, [2004] 2 All ER 237, [2003] 1 WLR 1763, [2003] NI 375
House of Lords, Bailii
Northern Ireland (Emergency Provisions) Act 1987 15, Prevention of Terrorism (Temporary Provisions) Act 1982 14(1)(2)
Northern Ireland
Citing:
Appeal from – Cullen v Chief Constable of the Royal Ulster Constabulary 1999
The claimant had been arrested and complained at his treatment.
Held: The failure to give reasons as to why his access to a solicitor was a breach of statutory duty, but there was no private law claim for damages. . .
Cited – Regina v Chief Constable of The Royal Ulster Constabulary Ex Parte Begley; Regina v McWilliams HL 24-Jul-1997
There is no right at common law to have a solicitor present during a police interview. There was no infringement of the suspect’s human rights by the Northern Ireland Rules. The House discussed its ability to take the law forward: ‘It is true that . .
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office HL 24-Jul-1991
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to . .
Cited – Olutu v Home Office CA 29-Nov-1996
The claimant said that she had been detained in excess of the period allowed under the 1987 Regulations, and that that detention was unlawful. She now appealed against the striking out of her claim.
Held: Her action failed. The availablility . .
Cited – Regina v Chief Constable of Avon and Somerset, ex parte Robinson 1989
Cases brought to challenge a police officer’s compliance with his statutory duty in the way he had treated a detained person was brought by judicial review. . .
Cited – Pickering v Liverpool Daily Post and Echo Newspapers plc HL 1991
Damages were awarded for a breach of statutory duty where the claimant had suffered loss or damage by reason of the breach. The publication at issue went beyond reporting and ‘it reached deeply into the substance of the matter which the court had . .
Cited – Regina v Chief Constable, ex parte McKenna 1992
A detained person challenged the police handling of his case by way of judicial review. . .

Cited by:
Cited – McE, Re; McE v Prison Service of Northern Ireland and Another HL 11-Mar-2009
Complaint was made that the prisoner’s privileged conversations with his solicitors had been intercepted by the police.
Held: The Act made explicit provisions allowing such interception and set out the appropriate safeguards. The interceptions . .
Cited – Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
Cited – In re Brownlee for Judicial Review SC 29-Jan-2014
The appellant challenged the course taken in his criminal trial after his legal team had withdrawn citing professional embarassment. No replacement team could be found willing to act in a complicated sentencing matter because of the reduced fixed . .
Cited – Lee-Hirons v Secretary of State for Justice SC 27-Jul-2016
The appellant had been detained in a mental hospital after a conviction. Later released, he was recalled, but he was not given written reasons as required by a DoH circular. However the SS referred the recall immediately to the Tribunal. He appealed . .

Lists of cited by and citing cases may be incomplete.
Updated: 06 August 2021; Ref: scu.184397

Ward v Commissioner of Police for the Metropolis and others: HL 5 May 2005

The claimant had been taken under warrant to a mental hospital, but was found not to be suffering any mental illness. She complained that the arrest was unlawful, since the police officer had not been accompanied by the people named on the warrant. The House was asked whether a magistrate being requested to issue a warrant under the 1983 Act for a place of safety order, had the power to require the police officer executing the warrant to be accompanied by a named social worker or mental health worker.
Held: The intention under the 1983 Act had been to reduce the requirements for a warrant. The issue was not what was implied into the constable’s power to execute the warrant, but what was implied into the magistrate’s power to grant it. The attachment of the names was outdated, and was simply a nullity without vitiating the warrant. ‘Far from its being necessary to limit the powers granted by the warrant in this way, that purpose is more likely to be achieved if the powers are not cut down by insisting that named people be present, or by allowing the magistrate to impose other limitations, however ‘sensible’ they may seem at the time.’ The arrest had therefore been lawful though unaccompanied, and the action failed. The warrant request had been completed ineptly. There was nothing to indicate that the magistrate had applied his mind to the names shown on the request. The use of the procedure was severly circumscribed by the Act. The claimant’s distress was understandable, but his claim failed.
Lord Steyn, Lord Hutton, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell
[2005] UKHL 32, Times 09-May-2005, [2006] 1 AC 23, [2005] 2 WLR 1114
Bailii, House of Lords
Mental Health Act 1983 135, Mental Deficiency Act 1913 15(2)
England and Wales
Citing:
Cited – Attorney General and Another v Great Eastern Railway Company HL 27-May-1880
An Act of Parliament authorised a company to construct a railway. Two other companies combined and contracted with the first to supply rolling stock. An injunction was brought to try to restrain this, saying that such a contract was not explicitly . .
Appeal From – Ward v The Commissioner of Police for the Metropolis and Epsom and St Helier NHS Trust CA 30-Jul-2003
The claimant sought damages for the circumstances of her having been taken into custody. A magistrate had issued a warrant to require her to be removed to a place of safety. The warrant named a social worker and doctor to accompany the officer. The . .
Cited – Bodden v Commissioner of Police of the Metropolis 1990
A magistrate’s power to order the detention of someone who wilfully interrupted the proceedings of the court includes ‘all incidental powers necessary to enable the court to exercise the jurisdiction in a judicial manner’, and specifically in this . .
Cited – Winterwerp v The Netherlands ECHR 24-Oct-1979
A Dutch national detained in hospital complained that his detention had divested him of his capacity to administer his property, and thus there had been determination of his civil rights and obligations without the guarantee of a judicial procedure. . .

Cited by:
Appealed to – Ward v The Commissioner of Police for the Metropolis and Epsom and St Helier NHS Trust CA 30-Jul-2003
The claimant sought damages for the circumstances of her having been taken into custody. A magistrate had issued a warrant to require her to be removed to a place of safety. The warrant named a social worker and doctor to accompany the officer. The . .
Cited – Farstad Supply As v Enviroco Ltd SC 6-Apr-2011
The court was asked by the parties to a charterparty whether one of them is an ‘Affiliate’ of the charterer for the purposes of provisions in a charterparty by which both the owner and the charterer agreed to indemnify and hold each other harmless . .

Lists of cited by and citing cases may be incomplete.
Updated: 04 August 2021; Ref: scu.224576

Finnigan v Northumbria Police: CA 8 Oct 2013

Officers had searched the claimant’s house on three occasions. Though it was known that he was profoundly deaf, no signer had been brought along to assist. The judge had held that on two occasions communication had been effective, and on the third, the claimant had refused to co-operate. He now appealed against rejection of his assertion that they police had failed to make reasonable adjustments as required by the 1995 Act.
Held: The appeal failed. A court should first establish as a fact whether and what policies existed. The ‘provision, criterion or practice’: ‘represents the base position before adjustments are made to accommodate disabilities. It includes all practices and procedures which apply to everyone, but excludes the adjustments. The adjustments are the steps which a service provider or public authority takes in discharge of its statutory duty to change the [PCP]. By definition, therefore, the [PCP] does not include the adjustments.’
Lord Dyson MR, Jackson, Gloster LJJ
[2013] EWCA Civ 1191, [2014] 1 WLR 445, [2013] WLR(D) 378
Bailii, WLRD
Disability Discrimination Act 1995
England and Wales
Cited by:
Cited – Firstgroup Plc v Paulley CA 8-Dec-2014
firstgroup_paulleyCA2014
The claimant a wheelchair user had been unable to travel on a bus when a mother had left her sleeping child in a pushchair. The mother said she was unable to fold down the pushchair, and would not move the child. The claimant said that the driver . .
Cited – Rowley, Regina (on The Application of) v Minister for The Cabinet Office Admn 28-Jul-2021
Failure to Provide Signers was Discriminatory
The claimant challenged the failure of the respondent to provide sign language interpreters to accompany public service broadcasts during the Covid pandemic. . .

Lists of cited by and citing cases may be incomplete.
Updated: 04 August 2021; Ref: scu.516318

A, Regina (on The Application of) v B: Admn 21 Jul 2010

The police intended to disclose the claimant’s sexual history to possible sexual partners, saying that his behaviour was putting them at risk of infection.
Langstaff J
[2010] EWHC 2361 (Admin)
Bailii
England and Wales
Citing:
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 Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
Cited – Woolgar v Chief Constable of Sussex Police and UKCC CA 26-May-1999
The issue was the potential disclosure by the police to the nurses’ regulatory body of confidential information concerning the plaintiff, the matron of a nursing home. There had been insufficient evidence to charge the plaintiff with a criminal . .

Lists of cited by and citing cases may be incomplete.
Updated: 31 July 2021; Ref: scu.424260

Aru, Regina (on The Application of) v The Chief Constable of Merseyside: CA 30 Jan 2004

Appeal against cautioning after allege public order offence on basis that it had been given other than in accordance with guidelines.
Waller, Longmore, Maurice Kay LJJ
[2004] EWCA Civ 199, [2004] 1 WLR 1697
Bailii
England and Wales
Cited by:
Cited – Belhaj and Another v Director of Public Prosecutions and Another SC 4-Jul-2018
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2021; Ref: scu.572362

Carnduff v Inspector Rock and Chief Constable West Midlands Police: CA 11 May 2001

The claimant was a police informer. Over several years he had given and been paid for information. He claimed that on one occasion he had given information which had led to the arrest of a major criminal, but the police denied that any information from him had formed a significant element in his arrest. They did not pay him, and he claimed in contract. The claim was struck out on the basis that it was embarrassing or abusive under rule 3.4, and he appealed.
Held: The appeal was dismissed. No court could investigate such a claim without becoming involved in examining in detail delicate and sensitive issues which would transfer the business of investigating and catching serious criminals into the public glare. It would, in this case, but not necessarily in every such case, be against public policy to allow that public investigation. The action should be stayed because no disclosure could be made of relevant documents in such a way as to enable the action to be properly determined.
Laws LJ said: ‘It seems to me that these matters cannot be litigated consistently with the public interest; and if that is so there is a plain jurisdiction to strike out the claim as embarrassing or abusive under CPR r3.4. See what is involved. If the disputes which they generate were to be resolved fairly by reference to the relevant evidence – and there is no other legitimate judicial means of proceedings – the court would be required to examine in detail the operational methods of the police as they related to the particular investigation in question.’ and ‘it is to my mind inevitable that the court’s duty would be to hold that the public interest in withholding the evidence about it outweighed the countervailing public interest in having the claim litigated on the available relevant evidence. In reality such a position could only be avoided if the police made comprehensive admissions which absolved the court from the duty to enter into any of these issues. But a case which can only be justly tried if one side holds up its hands cannot, in truth, be justly tried at all.’
Lord Justice Waller, Lord Justice Laws And Lord Justice Jonathan Parker
Times 30-May-2001, Gazette 21-Jun-2001, [2001] EWCA Civ 680, [2001] 1 WLR 1786
Bailii
Civil Procedure Rules 3.4
England and Wales
Cited by:
Cited – Al Rawi and Others v The Security Service and Others QBD 18-Nov-2009
The claimants sought damages from the defendants saying that they had been held and ill treated at various detention centres by foreign authorities, but with the involvement of the defendants. The defendants sought to bring evidence before the court . .
Cited – Al Rawi and Others v The Security Service and Others SC 13-Jul-2011
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the . .
Cited – Home Office v Tariq SC 13-Jul-2011
(JUSTICE intervening) The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided . .
Cited – Carnduff v The United Kingdom ECHR 10-Feb-2004
Admissibility – The applicant is a registered police informer. He commenced an action seeking to recover payment for information that he supplied to the West Midlands police. . .
Cited – ‘Laurence’ v Commissioners of Police for the Metropolis CA 13-Feb-2006
The claimant had been a police informer. He considered that he and his family had not been properly protected against the risks he incurred. . .
Cited – Haralambous v St Albans Crown Court and Another Admn 22-Apr-2016
This judicial review raised for express decision whether a person whose premises have been searched and whose property seized under a search warrant must have enough information grounding the warrant to judge its lawfulness and the retention of the . .
Cited – Haralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Cited – Belhaj and Another v Director of Public Prosecutions and Another SC 4-Jul-2018
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2021; Ref: scu.78909

Gafgen v Germany: ECHR 30 Jun 2008

(Fifth Section) The claimant said that having been arrested by police, their treatment of him amounted to torture.
Held: Iit was not necessary to rule on the Government’s preliminary objection of non-exhaustion of domestic remedies. It held, by six votes to one, that the applicant could no longer claim to be the victim of a violation of Article 3 of the Convention. It further held, by six votes to one, that there had been no violation of Article 6 of the Convention.
Peer Lorenzen
22978/05, [2008] ECHR 565
Bailii
European Convention on Human Rights 6(3)
Human Rights
Cited by:
See Also – Gafgen v Germany ECHR 18-Mar-2009
(Grand Chamber) – Press Release . .
See Also – Gafgen v Germany ECHR 1-Jun-2010
(Grand Chamber) The claimant said that police treatment during his interview had amounted to torture.
Held: The Salduz principles were not restricted to the failure to provide access to a lawyer during interview. There is no clear consensus . .
Cited – Human Rights Commission for Judicial Review (Northern Ireland : Abortion) SC 7-Jun-2018
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2021; Ref: scu.270661

Klass And Others v Germany: ECHR 6 Sep 1978

(Plenary Court) The claimant objected to the disclosure by the police of matters revealed during their investigation, but in this case, it was held, disclosure even after the event ‘might well jeopardise the long-term purpose that originally prompted the surveillance’ and, in any event, there were statutory bodies ‘independent of the authorities carrying out the surveillance and . . vested with sufficient powers and competence to exercise an effective and continuous control’ The court recognised that some operations must be conducted secretly if they are to be conducted effectively. ‘The Court must be satisfied that, whatever system of surveillance is adopted, there exist adequate and effective guarantees against abuse.’
5029/71, (1979) 2 EHRR 214, [1978] ECHR 4
Bailii, Bailii
Human Rights
Cited by:
Cited – Adams and Others v Lord Advocate IHCS 31-Jul-2002
(Opinion) The applicants challenged the introduction of restrictions of hunting by foxes, arguing that the law would infringe their human rights.
Held: The Act was not infringing. Fox hunting as such was not a private activity protected by the . .
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 – 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 (Kent Pharmaceuticals Ltd) v Serious Fraud Office CA 11-Nov-2004
In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO . .
Cited – Regina v P and others HL 19-Dec-2000
Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an . .
Cited – Esbester v United Kingdom ECHR 2-Apr-1993
(Commission) The claimant had been refused employment within the Central Office of Information. He had been accepted subject to clearance, but that failed. He objected that he had been given no opportunity to object to the material oin which his . .
Cited – Home Office v Tariq SC 13-Jul-2011
The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .
Cited – Secretary of State for The Home Department v Davis MP and Others CA 20-Nov-2015
The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law.
Held: The following questions were referred to the CJEU:
(1) Did the CJEU in Digital Rights Ireland intend to lay down . .
Cited – Human Rights Commission for Judicial Review (Northern Ireland : Abortion) SC 7-Jun-2018
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2021; Ref: scu.164872

Halliday v Nevill: 6 Dec 1984

(High Court of Australia) Criminal Law – Arrest – Police officer pursuing disqualified driver into driveway of private dwelling – Arrest in driveway – Occupier’s permission not required – Whether implied licence to enter driveway – Lawfulness of arrest.
Trespass – Access to premises – Implied licence to enter path or driveway of private premises for legitimate purpose – Police officer pursuing disqualified driver into driveway – Whether implied licence to enter and make arrest in driveway.
Brennan J said: ‘A police officer who enters or remains on private property without the leave and licence of the person in possession or entitled to possession commits a trespass and acts outside the course of his duty unless his entering or remaining on the premises is authorized or excused by law.’ and ‘The common law presumes that when Parliament creates a novel power, it does not intend thereby to authorize the commission of a trespass to facilitate its exercise: Morris v Beardmore [1981] A.C. 446; Colet v The Queen (1981) 119 DLR (3d) 521 . The general protection which the common law accords to persons in possession of private property is undiminished by the creation of the novel power unless Parliament expressly provides otherwise.’
ibbs CJ, Mason, Wilson, Brennan and Deane(1) JJ
(1984) 155 CLR 1, [1984] Aust Torts Reports 80-315, (1984) 57 ALR 331, (1984) 2 MVR 161, (1984) 13 A Crim R 250, (1984) 59 ALJR 124
Austlii
Australia
Cited by:
Cited – Gillies v Procurator Fiscal, Elgin HCJ 1-Oct-2008
The police went to the defendant’s flat to find her boyfriend. She refused them access, but when they saw him, the police officers called out that he was under arrest under the 1995 Act, and forced their way past the door and the defendant. The . .

Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.276519

Williams, Regina (on The Application of) v Merseyside Police Authority: Admn 5 May 2011

Appeal against refusal of police injury pension.
Stephen Davis J
[2011] EWHC 1119 (Admin)
Bailii
England and Wales

Updated: 24 July 2021; Ref: scu.439828

Harris v Sheffield United Football Club Ltd: CA 1987

The court was asked whether services provided by the police at Sheffield United Football Club for the club’s home fixtures were ‘special police services’ so that, if they were provided at the club’s request, the police could charge for them. Up until 1970 the club had made special arrangements for the attendance of police officers at matches for which payments had been made. Thereafter the police continued to attend at matches both inside and outside the ground, but the club’s view was that they were obliged to do so in accordance with their duty to maintain law and order. The club refused to make any payment. The police authority claimed pounds 51,669 for the services of officers inside the ground for a 15 month period between August 1982 and November 1983 on the basis that they were ‘special police services’. The club argued that they were not and that the police were doing no more than carrying out their duty. Further, the club denied that over a short period at the end of 1983 they had ‘requested’ police services for the purposes of the section and counterclaimed a declaration that they were not liable to make any payment for police services unless they requested attendance by officers to fulfil roles other than police duty.
Held: Whilst the courts must be astute to condemn illegal acts by the police, ‘The true rule, in my judgment is as follows. In deciding how to exercise his public duty of enforcing the law, and of keeping the peace, a chief constable has a discretion, which he must exercise even-handedly. Provided he acts within his discretion, the courts will not interfere;. . . . In exercising that discretion a chief constable must clearly have regard to the resources available to him.’
Neill LJ: ‘Bearing these considerations in mind I return to the present case. The club has responsibilities which are owed not only to its employees and the spectators who attend but also to the football authorities to take all reasonable steps to ensure that the game takes place in conditions which do not occasion danger to any person or property. The attendance of the police is necessary to assist the club in the fulfillment of this duty. The matches take place regularly and usually at weekends during about eight months of the year. Though the holding of the matches is of some public importance because of the wide spread support in the local community both for the game and the club, the club is not under any legal duty to hold the matches. The charges which the police authority seek to make, and have made, relate solely to the officers on duty inside the ground and not to those in the street or other public places outside.
There is clear evidence that the chief constable would be unable to provide the necessary amount of protection for Bramall Lane and also to discharge his other responsibilities without making extensive use of officers who would otherwise have been off duty. Substantial sums by a way of overtime have therefore to be paid. The arrangements for the attendance of the officers are made to guard against the possibility, and for some matches the probability, of violence; the officers are not sent to deal with an existing emergency, nor can it be said that any outbreak of violence is immediately imminent.
In my judgment, looking at all these factors I am driven to the conclusion that the provision of police officers to attend regularly at Bramall Lane throughout the football season does constitute the provision of special police services. Nor in my opinion is it to the point that the club has stated that they do not expect the police to carry out any duties other then to maintain law and order. The resources of the police are finite. In my view if the club wishes on a regular basis to make an exceptional claim on police services to deal with potential violence on its premises, then however well intentioned and public spirited it may be in assembling the crowd at Bramall Lane, the services which it receives are ‘special police services’ within the meaning of section 15(1) of the Police Act 1964.’
Balcombe LJ said that the chief constable had a discretion which he must exercise even handedly. Provided he acted within his discretion, the courts would not interfere. ‘In answering the question whether the provision of police within the club’s ground was a special service the judge said: ‘The numbers considered necessary to carry out these services could only be provided by calling on officers who, at the material times, would otherwise have been off duty. The scope and extent of those services and their impact on the chief constable’s manpower resources put them beyond what the club, in the circumstances, was entitled to have provided in pursuance of the chief constable’s public duty. He was entitled to provide those services because he was able to do so without depriving other people of police protection. In other words, the services provided were within his powers; they were not within the scope of his public duty. I am satisfied that they were special services as I understand that expression to have been used in the Glasbrook case and within the meaning of section 15(1) of the Police Act 1964. It follows that he was entitled to provide them on condition that they were paid for’. In my judgment that is a correct statement of the legal position which cannot be faulted.’
Balcombe LJ, Neill LJ
[1988] QB 77, [1987] 2 All ER 838, [1987] 3 WLR 305
Police Act 1964 15(1)
England and Wales
Citing:
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 – Wathen v Sandys 1811
The sheriff was not entitled to charge candidates at an election for the provision of constables at the polling booth because he was under a duty to procure the peace of the county. . .

Cited by:
Cited – Regina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited HL 2-Apr-1998
Chief Constable has a Wide Discretion on Resources
Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under . .
Cited – Reading Festival Ltd v West Yorkshire Police Authority CA 3-May-2006
The organisers of a music festival in Leeds appealed a decision that they were liable to pay in full a bill from the police for additional services in policing the festival.
Held: The organisers appeal succeeded. Whilst it was a matter for the . .
Cited – Greater Manchester Police v Wigan Athletic AFC Ltd ChD 21-Dec-2007
The claimant sought payment under section 25 from the defendant football club for the costs of policing football matches. The defendant said that the sums were not due since the events had been over-policed, and had not been agreed or requested.
Cited – Greater Manchester Police v Wigan Athletic AFC Ltd CA 19-Dec-2008
The parties disputed the amounts payable by a football club to the police for the attendance of police officers at matches. The defendant appealed against a finding that it had requested the services for which charges had been made under section 25 . .

Lists of cited by and citing cases may be incomplete.
Updated: 22 July 2021; Ref: scu.192008

Clarke v Chief Constable of North Wales Police: Admn 2000

Although the power of arrest without warrant depends on the existence in the mind of the arresting officer of reasonable suspicion of the material elements of an arrestable offence, there is no requirement of law that the constable must have first hand knowledge of these. So long as they come from a source which is reasonable for her to rely on they can properly form the basis of a reasonable suspicion in the constable’s own mind.
[2000] All ER (D) 477
England and Wales
Cited by:
Cited – McCann v Crown Prosecution Service Admn 21-Aug-2015
Appeal by case stated against conviction for obstructing a police officer in the execution of his duty. The appellant had been protesting. She, correctly, thought the land to be a rivate highway. The police officer had thought it a public hghway and . .

Lists of cited by and citing cases may be incomplete.
Updated: 22 July 2021; Ref: scu.551497

Hinchcliffe v Sheldon: QBD 20 Jan 1955

The appellant was the son of the licensee of an inn. On returning to the inn one night at about 11.17, he found that police officers wished to enter the premises as they suspected that the licensee was committing an offence under the Licensing Act 1953. He shouted warnings to the licensee, who did not open the door to the police officers until 11.25 p.m. The licensee was not found to be committing any offence. The police had the right to enter licensed premises, whether an offence was being committed or not. The appellant was convicted under section 2 of the 1885 Act which prescribes the punishment for an assault on a constable in the execution of his duty, ‘shall apply to all cases of resisting or wilfully obstructing any constable or peace officer in the execution of his duty.’ On appeal, he submitted that he could not be convicted of obstructing a constable when in the execution of his duty unless it was shown that the licensee had committed an offence.
Held: ‘obstructing’, within the meaning of s. 2 of the Prevention of Crimes Amendment Act 1885 meant making it more difficult for the police to carry out their duties; under s. 151 (1) of the Licensing Act 1953 it was the duty of the police to enter licensed premises if they thought it likely tbat an offence might be committed, and, therefore, the appellant, in making it difficult for the police to enter the inn, was guilty of wilfully obstructing a constable when in the execution of his duty, and was rightly convicted under s. 2 of the Act of 1885.
Lord Goddard CJ, Cassels, Streatfield JJ
[1955] NZ Police Law Rp 18, [1955] 1 WLR 1207, [1955] 3 All ER 406, (1955) 120 JP 13
NZLII
Prevention of Crimes Amendment Act 1885 2, Licensing Act 1953 151
England and Wales
Citing:
Distinguished – Bastable v Little 1907
The police had set up a series of speed traps in London Road, Croydon. Mr Little occupied himself giving warning signals to drivers approaching the traps, thus ensuring that they did not exceed the speed limit. There was no evidence that the drivers . .

Cited by:
Cited – Lunt v Director of Public Prosecutions QBD 1993
The defendant had been in a road traffic accident. The police came to his house to investigate the accident, but he refused to unlock the door to allow them entry. Stating reliance on section 4 of the 1988 Act, the officers threatened to force . .
Cited – Rice v Connolly 1966
No Legal Duty to Assist a Constable
At common law there is no legal duty to provide the police with information or otherwise to assist them with their inquiries. Lord Parker set out three questions to be answered when asking whether there had been an obstruction of an officer in the . .
Cited – McCann v Crown Prosecution Service Admn 21-Aug-2015
Appeal by case stated against conviction for obstructing a police officer in the execution of his duty. The appellant had been protesting. She, correctly, thought the land to be a rivate highway. The police officer had thought it a public hghway and . .

Lists of cited by and citing cases may be incomplete.
Updated: 22 July 2021; Ref: scu.550174

Lunt v Director of Public Prosecutions: QBD 1993

The defendant had been in a road traffic accident. The police came to his house to investigate the accident, but he refused to unlock the door to allow them entry. Stating reliance on section 4 of the 1988 Act, the officers threatened to force entry. He was later charged and convicted under section 51(3) of the 1964 Act of wilfully obstructing the officers. He now appealed saying that the officers had not given their reason for wanting entry.
Held: The appeal failed. They had a statutory right to enter, and this was independent of any failure to give reasons. In such circumstamces, the failure to allow the officers entry could amount to the offence of wilful obstruction.
[1993] Crim LR 534
Road Traffic Act 1988 4, Police Act 1964 51(3)
England and Wales
Citing:
Cited – Hinchcliffe v Sheldon QBD 20-Jan-1955
The appellant was the son of the licensee of an inn. On returning to the inn one night at about 11.17, he found that police officers wished to enter the premises as they suspected that the licensee was committing an offence under the Licensing Act . .
Cited – Swales v Cox CA 1981
Police officers had entered a house in pursuit of a suspected burglar.
Held: It is a condition of any lawful breaking of premises that the person seeking entry has demanded and been refused entry by the occupier.
Donaldson LJ said: ‘it . .
Cited – Dibble v Ingleton 1972
A motorist was suspected of driving under the influence of alcohol and was required to provide a specimen of breath. He claimed that he had consumed alcohol only a few minutes earlier and the constable had to wait until 20 minutes had elapsed before . .
Cited – Bastable v Little 1907
The police had set up a series of speed traps in London Road, Croydon. Mr Little occupied himself giving warning signals to drivers approaching the traps, thus ensuring that they did not exceed the speed limit. There was no evidence that the drivers . .
Cited – Rice v Connolly 1966
No Legal Duty to Assist a Constable
At common law there is no legal duty to provide the police with information or otherwise to assist them with their inquiries. Lord Parker set out three questions to be answered when asking whether there had been an obstruction of an officer in the . .

Lists of cited by and citing cases may be incomplete.
Updated: 22 July 2021; Ref: scu.550173

AB v A Chief Constable: QBD 16 Jun 2014

AB a senior police officer had applied for a job with a Regulatory body. The body requested a referece, but the defendant at first supplied a partial reference on the basis of which the job was offered, and the claimant accepted and resigned as a police officer. The defendant then completed the reference after which the claimant lost his new post. The claimant said that the defendant had been under no obligation to complete the answer.
Cranston J
[2014] EWHC 1965 (QB)
Bailii
England and Wales

Updated: 22 July 2021; Ref: scu.526600

Independent Police Complaints Commission, Regina (On the Application of) v Hayman: Admn 28 Jul 2008

The Commission sought judicial review of a decision of a review by the assistant commissioner of a disciplinary decision against a police officer accused of misconduct, allowing his appeal..
Mitting J
[2008] EWHC 2191 (Admin)
Bailii
England and Wales

Updated: 19 July 2021; Ref: scu.343939