Defendant’s appeal against an order giving judgment for the claimant in the action for damages to be assessed for wrongful arrest and personal injury. The claimant had been arrested in his home, purportedly for a breach of the peace. There was no public element or public dimension involved in the circumstances of the arrest.
Held: The appeal succeeded. McConnell was an authority binding on the court. Authority apart, it would be contrary to principle to hold that an act which would constitute a breach of the peace if committed in a public place, or on private premises where a person or persons other than the participants are affected by it, should cease to be such if committed on private premises where only the participants are involved. None of the authorities gives support for such a distinction, which could not be justified on grounds of public policy or otherwise.
Judges:
Peter Gibson Lj, Law LJ, Sir Martin Nourse
Citations:
[2002] 1 WLR 1347, (2001) 165 JP 729, [2001] EWCA Civ 1330
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Dallison v Caffery CACD 1965
It is for the detaining authority to justify all periods of detention.
The court described the common law duty on a prosecutor to disclose material. Lord Denning MR said: ‘The duty of a prosecuting counsel or solicitor, as I have always . .
Cited – Regina v Howell (Errol) CACD 1981
The court considered the meaning of the legal concept of a breach of the peace.
Held: The essence is to be found in violence or threatened violence. ‘We entertain no doubt that a constable has a power of arrest where there is reasonable . .
Cited – McConnell v Chief Constable of Greater Manchester Police CA 1990
The plaintiff sought damages from the police. She had gone into a store and refused to leave when so requested. The police officer escorted her from the premises. She tried to re-enter the premises, and the officer exercised his common law right to . .
Mentioned – Wylson v Skeock 1949
. .
Mentioned – Robson v Hallett CA 1967
A police officer had been impliedly invited onto land, and was asked to leave, but was then assaulted before he had chance to leave.
Held: The conviction was upheld.
There is an implied licence available to members of the public on . .
Cited – Regina v Chief Constable of Devon and Cornwall, Ex parte Central Electricity Generating Board CA 1982
The CEGB wanted to undertake a survey using its statutory powers to check whether land might be suitable for a nuclear power station, and wanted the police to prevent demonstrators from preventing the survey. It now requested an order of mandamus to . .
Cited – Foulkes v Chief Constable of Merseyside Police CA 9-Jun-1998
A man was locked out of the matrimonial home which he owned jointly with his wife, following a family dispute. The police told him, as was the fact, that his wife and children did not want him to re-enter the house and the police suggested that he . .
Lists of cited by and citing cases may be incomplete.
Police, Torts – Other, Personal Injury, Police, Crime
Updated: 27 June 2022; Ref: scu.218315