swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Police - From: 1997 To: 1997
This page lists 51 cases, and was prepared on 02 April 2018.
Campbell v Vannet; 1997 - 1997 SCCR 787
Regina v Chief Constable of Sussex Ex Parte International Trader's Ferry Ltd Times, 12 February 1997; [1997] EWCA Civ 861; [1998] QB 477
28 Jan 1997
CA
Police, European
A restriction placed by a chief constable on the police support he would make available to support a lawful trade was reasonable, even though it might amount to trade interference. The allocation of resources available to the Chief Constable was for him and the course he took was well within his margin of appreciation, not least because of the need to balance serious competing claims. It was unreal and unfair to treat the Chief Constable as having all the resources of the State available to him before he could justify what he had done.
1 Cites
1 Citers
[ Bailii ]
Savage v Hoddinot (Chief Constable of Hampshire) Times, 14 February 1997; [1997] EWCA Civ 943; [1997] 1 WLR 1061
6 Feb 1997
CA
Contract, Police
A police informer may abandon anonymity to sue police for promised fees.
1 Cites
1 Citers
[ Bailii ]
Rea v Commissioner of Police for Metropolis [1997] EWCA Civ 1030
17 Feb 1997
CA
Police
[ Bailii ]
Thompson v Commissioner of Police of Metropolis; Hsu v Same; CA 20-Feb-1997 - Times, 20 February 1997; [1997] EWCA Civ 1042; [1997] 2 All ER 762; [1997] 1 WLR 1519; [1997] EWCA Civ 3083; [1998] 1 QB 498; (1998) 10 Admin LR 363; [1997] 3 WLR 403
Fellowes or Herd v Clyde Helicopters Ltd Gazette, 26 March 1997; Times, 07 March 1997; [1997] 1 All ER 775; [1997] UKHL 6; [1997] AC 534
27 Feb 1997
HL
Lord MacKay, Lord Chancellor Lord Nicholls of Birkenhead Lord Hoffmann, Lord Hope of Craighead Lord Clyde
Transport, Police, Damages, Personal Injury
A Police officer being carried in a force helicopter, and operating within his own force's area was not on a matter of international carriage, and was not subject to the restrictions on recovery of damages. The helicopter had crashed into a building and he lost his life.
Lord Hope considered the Convention noting the width of article 1(1) which applies "to all international carriage of persons, baggage or cargo performed by aircraft for reward", and said: "But the starting point is the generality of effect indicated by the use of the word "all". The nationality or place of business of the carrier is irrelevant, as all carriers who undertake international carriage, as defined in article 1(2), of passengers, baggage or cargo by the aircraft are bound by the Convention. There is nothing in the Convention to indicate that the purpose for which the passenger, baggage or cargo was on the aircraft has any bearing on the question whether the Convention applies.
In my opinion the Convention agreed at Warsaw, as amended at the Hague, was intended to be, and is, capable of accommodating changes in the practice of airlines and aircraft operators with regard to the purposes for which aircraft are used to carry people and goods, and in the contractual arrangements in pursuance of which people and goods are carried by air for reward."
Carriage by Air (Application of Provisions) Order 1967 (1967 No 480)
1 Citers
[ House of Lords ] - [ Bailii ]
Regina v Manchester Crown Court ex parte Chief Constable of Greater Manchester [1997] EWHC Admin 239
7 Mar 1997
Admn
Police
[ Bailii ]
Goodman v Commissioner of Police for Metropolis [1997] EWCA Civ 1243
13 Mar 1997
CA
Police
[ Bailii ]
Chief Constable of Norfolk v Edwards [1997] EWHC Admin 294; [1997] CLY 4151
19 Mar 1997
Admn
Police, Licensing
Firearms Act 1968 30
[ Bailii ]
Rigg v Commissioner of Police of Metropolis [1997] EWCA Civ 1325
25 Mar 1997
CA
Police
[ Bailii ]
Joakim; Joakim v Commissioner of Police for Metropolis and North Middlesex Hospital Trust [1997] EWCA Civ 1386
14 Apr 1997
CA
Police, Negligence, Personal Injury
1 Cites
[ Bailii ]
Regina v Benjamin Mark Carte, Director of Public Prosecutions [1997] EWHC Admin 377
17 Apr 1997
Admn
Crime, Police
Police Act 1964 51(4)
[ Bailii ]
Rostant v Commissioner of Police for Metropolis [1997] EWCA Civ 1432
17 Apr 1997
CA
Police
[ Bailii ]
Gioacchnio Gizzonio and Paul Michael Gizzonio v Chief Constable of Derbyshire Constabulary [1997] EWCA Civ 1511
24 Apr 1997
CA
Police
1 Cites
1 Citers
[ Bailii ]
Lyons v Chief Constable of West Yorkshire; CA 24-Apr-1997 - [1997] EWCA Civ 1520
Wheeldon v Wheeldon [1997] EWCA Civ 1550
29 Apr 1997
CA
Family, Police
Domestic Violence and Matrimonial Proceedings Act 1976 2(3)
[ Bailii ]
Rees v Chief Constable of Hampshire and Commissioner of Police for Metropolis [1997] EWCA Civ 1621
2 May 1997
CA
Police
[ Bailii ]
Beer v Commissioner of Police of Metropolis; CA 2-May-1997 - [1997] EWCA Civ 1620
Patrick Mahon; Andrew Leslie Kent v Dr Christian Mahon; Hans-Jakob Biedermann; Martin Haab-Biedermann and Frank Bodmer [1997] EWCA Civ 1770
23 May 1997
CA
Police
1 Cites
[ Bailii ]
Regina v Imran, Hussain; CACD 9-Jun-1997 - [1997] EWCA Crim 1401; [1997] CLR 754
Goodman v Commissioner of Police for Metropolis [1997] EWCA Civ 1910
19 Jun 1997
CA
Police
[ Bailii ]
Goldberg and Goldberg v Commissioner of Police for Metropolis [1997] EWCA Civ 1922
20 Jun 1997
CA
Police, Torts - Other
[ Bailii ]
Sheyi Banjo v Chief Constable of Greater Manchester Police [1997] EWCA Civ 1951
24 Jun 1997
CA
Torts - Other, Police
[ Bailii ]
Waters v Commissioner of Police for Metropolis [1997] EWCA Civ 2012
3 Jul 1997
CA
Police, Discrimination, Negligence
1 Cites
1 Citers
[ Bailii ]
Andrew James Heagren and Teresa Ann Heagren v Chief Constable of Norfolk Constabulary [1997] EWCA Civ 2044
8 Jul 1997
CA
Police
[ Bailii ]
Regina v Chief Constable for North Wales Police Area Authority ex parte AB and CD etc; Admn 10-Jul-1997 - Times, 14 July 1997; [1997] EWHC Admin 667; [1997] 3 WLR 724
Kelly v Commissioner of Police for Metropolis; CA 22-Jul-1997 - Gazette, 03 September 1997; Times, 20 August 1997; [1997] EWCA Civ 2160
Williamson v Commissioner of Police for Metropolis [1997] EWCA Civ 2177
23 Jul 1997
CA
Police, Defamation, Litigation Practice
[ Bailii ]
Regina v Chief Constable of The Royal Ulster Constabulary Ex Parte Begley; Regina v McWilliams; HL 24-Jul-1997 - Gazette, 05 November 1997; Times, 20 October 1997; [1997] NI 278; [1997] UKHL 39; [1997] 4 All ER 833; [1997] 1 WLR 1475
John-Salakov v Turpey, Mead, Terry Collins, The Commissioner of Police of The Metropolis; CA 24-Jul-1997 - [1997] EWCA Civ 2178
Raymond Asley Fisher and Nigel John Fisher v Chief Constable of Cumbria Constabulary [1997] EWCA Civ 2232
29 Jul 1997
CA
Woolf LJ, Roch LJ, Cotton LJ
Police, Torts - Other
The Chief Constable appealed against an award of £750 made after a police officer serving a search warrant forgetfully failed to leave a copy with the occupier.
Misuse of Drugs Act 1971 23(3)
1 Citers
[ Bailii ]
Regina v Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others; QBD 1-Oct-1997 - Times, 26 November 1997; [1997] EWHC Admin 820; [1999] 1 WLR 564; [1998] 1 All ER 65; [1998] Crim LR 290
Clarke v Chief Constable of North Wales Police [1997] EWCA Civ 2432
7 Oct 1997
CA
Police, Torts - Other
1 Cites
[ Bailii ]
Andronicou And Constantinou v Cyprus 25052/94; (1998) 25 EHRR 491; [1998] Crim LR 823; 3 BHRC 389; [1997] ECHR 80
9 Oct 1997
ECHR
Human Rights, Police
ECHR Cyprus - alleged unlawful killing of a young couple by officers of a special police unit (MMAD) in the course of a rescue operation
I. GOVERNMENT'S PRELIMINARY OBJECTIONS
A. Non-exhaustion of domestic remedies
Government's assertion that applicants failed to take civil proceedings to claim compensation on strength of authorities' ex gratia offer of legal aid.
Effective remedy in circumstances would have been institution of criminal proceedings against officers involved - Attorney-General refused applicants' request - in addition, detailed and reasoned findings of domestic commission of inquiry after exhaustive investigation of circumstances of killings likely in practice to remove any reasonable prospects which applicants had of winning a civil action - commission of inquiry chaired by most senior judicial appointee in respondent State.
Conclusion: objection dismissed (seven votes to two).
B. Abuse of process
Applicant's refusal either to enter or continue negotiations on terms of friendly settlement over alleged breach of Convention right not to be construed as abuse of process - in instant case, proposed settlement did not moreover contain any admission of authorities' liability for deaths of couple, as sought by applicants.
Conclusion: objection dismissed (unanimously).
1 Cites
[ Bailii ]
Regina v Commissioner of Police for Metropolis ex parte Nicholas Trevette [1997] EWHC Admin 866
13 Oct 1997
Admn
Police
[ Bailii ]
Michael Terence Dodd v David Graham Chief Constable of Cheshire Constabulary and Donald Elliot Chief Constable of Devon and Cornwall Constabulary [1997] EWCA Civ 2549
22 Oct 1997
CA
Police, Torts - Other, Litigation Practice
Misfeasance in public office.
[ Bailii ]
Bennett v Commissioner of Police of the Metropolis Times, 24 October 1997; (1997) 10 Admin LR 245
24 Oct 1997
Admn
Sir Richard Scott VC
Police, Torts - Other
Police and prosecuting authority have no inherent immunity from suit for tort of misfeasance in public office if the breach is properly made out. Immunity extends to statements made or agreed to be made out of court "if these were clearly and directly made in relation to the proceedings in court, for example, witnesses' proofs of evidence."
1 Citers
Fryer v Chief Contstable of Thames Valley Police [1997] EWCA Civ 2574
27 Oct 1997
CA
Police
[ Bailii ]
Martin v Chief Constable of Avon and Somerset Constabulary [1997] EWCA Civ 2598
29 Oct 1997
CA
Police
[ Bailii ]
A K Hussain (Force Solicitor of West Yorkshire Police) v Hardip Singh [1997] EWHC Admin 963
3 Nov 1997
Admn
Magistrates, Police, Costs
[ Bailii ]
Haralabidis v Manchester City Council [1997] EWCA Civ 2646
5 Nov 1997
CA
Police
[ Bailii ]
Reeves (Joint Administratrix of the Estate of Martin Lynch, Deceased) v Commissioner of Police for Metropolis Times, 20 November 1997; Gazette, 03 December 1997; (1998) 41 BMLR 54; [1998] 2 All ER 381; [1999] QB 169; [1998] 2 WLR 401; [1997] EWCA Civ 2686
10 Nov 1997
CA
Police, Negligence
The fact that the deceased committed suicide whilst in custody does not necessarily absolve the police of blame if the deceased was a known suicide risk.
1 Cites
1 Citers
[ Bailii ]
Gaisiance and African Children's Society v Commissioner of Police for Metropolis and Rover Finance Limited [1997] EWCA Civ 2703
12 Nov 1997
CA
Police, Financial Services, Consumer
[ Bailii ]
Regina v Chief Constable of B and Director of National Identification Service ex parte R [1997] EWHC Admin 1037
24 Nov 1997
Admn
Police
[ Bailii ]
Silk v Commissioner of Police of Metropolis [1997] EWCA Civ 2853
28 Nov 1997
CA
Police
[ Bailii ]
Hussein v Hambros Bank Plc; Commissioners of Police for Metropolis; DC Badock and DC Cottam [1997] EWCA Civ 2882
2 Dec 1997
CA
Police
[ Bailii ]
Roach v Commissioner of Police of Metropolis [1997] EWCA Civ 2967
11 Dec 1997
CA
Police
Leave to appeal refused - claim in negligence against police - hopeless case.
[ Bailii ]
O'Loughlin v Chief Constable of Essex Times, 12 December 1997; [1997] EWCA Civ 2891; [1998] 1 WLR 374
12 Dec 1997
CA
Buxton LJ
Torts - Other, Police
Police, when using force to enter premises, must still give their reasons for effecting their entry, to the occupant, unless this was impossible or undesirable.
Buxton LJ said: "This paragraph strictly speaking did not apply in the present case, because no search was contemplated. It is, however, a strong indication of the importance and relevance of the officer who seeks entry explaining his authority, and certainly explaining the reason why he seeks entry. I therefore respectfully agree with the burden of Donaldson LJ's judgment that a very important factor in deciding whether the police have proved that use of force to enter was necessary. . is whether before using force the police have explained the (proper) reason why they require entry, and none the less have been refused."
Roch LJ referred to the "severe burden which a constable has to discharge when trying to prove that the use of force was really necessary in order to justify his use of force."
Police and Criminal Evidence Act 1984
1 Citers
[ Bailii ]
Ward v Chief Constable of West Midlands Police; CA 15-Dec-1997 - Times, 15 December 1997; [1997] EWCA Civ 2972
Fitzroy Clarke v Chief Constable of West Midlands Police [1997] EWCA Civ 3041
18 Dec 1997
CA
Police
[ Bailii ]
Regina v Her Majesty's Coroner for Newcastle Upon Tyne ex parte A (a Police Officer of Northumbria Police Force) [1997] EWHC Admin 1172
19 Dec 1997
Admn
Coroners, Police
[ Bailii ]