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
Police Act 1997 115
England and Wales
Appeal FromDesmond 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:
CitedRobinson 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 . .
CitedRobinson 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