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.
Waller LJ VP, Hallett LJ, Leveson LJ
Times 04-Dec-2006,  EWCA Civ 1549,  Po LR 28
Firearms Act 1968
England and Wales
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 . .
These lists may be incomplete.
Updated: 03 May 2021; Ref: scu.246346