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
