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 of the 1996 Act. The judge had acted on the basis that a request could be implied. The club also said that the disagreement was as to the appropriate number of police officers to be allocated.
Held: The club’s appeal succeeded. The police mistakenly thought they did not have a choice not to police the event. Had no police been available, no safety certificate would have been given, and the match would not have been allowed. No effective request for the services had been made: ”the request’ must match the special police services supplied. The match need not be exact because it is for the Chief Constable to determine the level of policing required. So, if a person asks the police authority to provide special police services at a private event and the services are provided at the level the police authority considers to be necessary it is no answer to the police authority’s claim for reimbursement of the costs that the request had not specified the level of policing actually supplied.’ The judge had incorrectly distinguished the BAGS case. The club’s appeal succeeded. Kay LJ dissenting.
Lord Chancellor, Kay LJ, Smith LJ
[2008] EWCA Civ 1449, [2009] 1 WLR 1580
Bailii
Safety of Sports Grounds Act 1975, Police Act 1996 25
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 – 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 . .
Appeal from – 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 – 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 – Bookmakers’ Afternoon Greyhound Services Ltd v Wilf Gilbert (Staffordshire) Ltd 1994
The bookmaker defendant received a broadcast information service for which he was prepared to pay. That service carried another information service (‘BAGS’) for which the second provider also sought payment. The bookmaker was not prepared to pay for . .
Cited – Rowe, Regina (on the Application of) v Vale of White Horse District Council Admn 7-Mar-2003
The local council sought to claim payment for sewerage services enjoyed by a householder.
Held: Where a supplier has supplied services to another and there is no contractual relationship in existence, the law may afford to the supplier . .
Lists of cited by and citing cases may be incomplete.
Police, Contract
Updated: 10 November 2021; Ref: scu.278978