The claimants appealed dismissal of their claim for damages for malicious prosecution after the obtaining of a search warrant.
Held: The appeals failed. There was no express power to use reasonable force and to temporarily those discovered in premises to be searched in order to execute a warrant under the 1968 Act, but one must be implied.
Judges:
Waller LJ VP, Hallett LJ, Leveson LJ
Citations:
Times 04-Dec-2006, [2006] EWCA Civ 1549, [2006] Po LR 28
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
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 . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Police
Updated: 19 November 2022; Ref: scu.246346
