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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: 1998 To: 1998

This page lists 56 cases, and was prepared on 02 April 2018.


 
 Regina v Secretary of State for Home Affairs and Police Commissioner of Metropolis ex parte Brian Sydney Tanner; Admn 1998 - [1998] EWHC Admin 1

 
 Taylor and Others v Director of The Serious Fraud Office and Others; HL 22-Jan-1998 - Times, 04 November 1998; [1998] UKHL 39; [1999] 2 AC 177; [1998] 4 All ER 801; [1998] 3 WLR 1040

 
 Gibbs and others v Rea; PC 29-Jan-1998 - Times, 04 February 1998; [1998] UKPC 3; [1998] AC 786
 
Regina v Preston Crown Court ex parte Chief Constable Lancashire Constabulary [1998] EWHC Admin 127
2 Feb 1998
Admn

Police

[ Bailii ]
 
Regina v Chief Constable of the Lancashire Constabulary Ex Parte Atkinson and Another Times, 04 March 1998; [1998] EWHC Admin 145
5 Feb 1998
Admn

Criminal Practice, Police
The giving of a caution was possible after an inadmissible confession, but wise practice required police officers to obtain an admission on tape first.
Police and Criminal Evidence Act 1984 Codes of Practice Code C
[ Bailii ]
 
Aldridge v Commissioner of Police for Metropolis [1998] EWCA Civ 413
6 Mar 1998
CA

Police

[ Bailii ]

 
 Docker, Head, and others v Chief Constable of West Midlands Police; CA 17-Mar-1998 - Times, 29 April 1998; Gazette, 29 April 1998; [1998] EWCA Civ 522

 
 Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB; CA 18-Mar-1998 - Times, 23 March 1998; Gazette, 29 April 1998; [1998] EWCA Civ 486; [1999] QB 396; [1999] QB 396; [1998] 2 FLR 571; [1998] 3 All ER 310; [1998] EWCA Civ 486; [1998] 3 WLR 57; [1998] 3 FCR 371; [1998] Fam Law 529; [1998] 3 FCR 371; [1998] Fam Law 529; [1998] 2 FLR 571; [1998] 3 All ER 310; [1998] 3 WLR 57
 
Regina v Greater Manchester Police Authority Chief Constable of Police for Greater Manchester Automobile Association Developments Ltd ex parte Century Motors (Farnworth) Limited [1998] EWCA Civ 527
24 Mar 1998
CA

Police

1 Cites

1 Citers

[ Bailii ]

 
 Gizzonio and Another N v Chief Constable of Derbyshire Constabulary; CA 26-Mar-1998 - Times, 29 April 1998; [1998] EWCA Civ 543
 
Taylor v Sir James Sharples (Sued As Chief Constable of Merseyside Police) [1998] EWCA Civ 585
31 Mar 1998
CA

Police, Torts - Other

[ Bailii ]
 
Craig William Langley v (L) Kirk James Dray and M T Motor Policies at Lloyd's [1998] EWCA Civ 578
31 Mar 1998
CA

Personal Injury, Road Traffic, Police

[ Bailii ]
 
Chief Constable of Derbyshire v Goodman and Newton [1998] EWHC Admin 390
2 Apr 1998
Admn
May LJ
Magistrates, Costs, Police
Firearms licences were granted to the two respondents, but then revoked by the Chief Constable. They appealed to the Crown Court and their appeal was allowed. The judge, however, ordered the Chief Constable to pay the costs of the two respondents, and he appealed against that order. Held: The appeal was allowed. May LJ said: "It should be said that the learned judge had found that the Chief Constable had acted entirely in good faith, and no criticism was levelled against him in the way in which this had been handled."
Having considered a number of decided cases, he continued: "It is of course important to say that decisions as to costs are discretionary and that any court or tribunal exercising such discretion is obliged to take into account all relevant circumstances. One such relevant circumstance was that this was indeed a police authority performing a statutory licensing function. This will not be determinative of all cases, but it is important that the tribunal takes into account that, generally speaking, a cost order adverse to such an authority would not be made unless there was some good reason for doing so, which was more than the fact that the other party to the contest had succeeded." He concluded: "In my view, this is a borderline case so far as costs are concerned. I can certainly see some force in [counsel’s] submissions, but exercising afresh, as in my view we are entitled to do, the discretion which Judge Morrison exercised, I consider on balance that this is not a case where costs ought to have been ordered against the Chief Constable. He acted, as the judge held, in complete good faith and, in those circumstances, the costs order ought not to have been made against him."
1 Citers

[ Bailii ]

 
 Regina v Chief Constable of Sussex, ex Parte International Trader's Ferry Limited; HL 2-Apr-1998 - Gazette, 10 December 1998; Times, 16 November 1998; [1998] UKHL 40; [1999] 1 CMLR 1320; [1998] 3 WLR 1260; [1999] 2 AC 418; [1999] 1 All ER 129
 
Regina v Leicestershire Police Authority ex parte Loseby [1998] EWHC Admin 409
6 Apr 1998
Admn

Police

[ Bailii ]

 
 Regina v Southwark Crown Court, Ex Parte Bowles (On Appeal From A Divisional Court of the Queen's Bench Division); HL 7-Apr-1998 - Times, 07 April 1998; Gazette, 07 May 1998; [1998] UKHL 16; [1999] Crim LR 220; [1998] 2 All ER 193; [1998] 2 WLR 715; [1998] AC 641
 
Regina v Northumbria Police ex parte Kevin Brown [1998] EWCA Civ 670
8 Apr 1998
CA

Police, Judicial Review
The applicant renewed his application for a judicial review of decisions by the respondent as to his treatment. He had been a police informer, but then moved to Devon for his protection. He became indigent. Held: The order sought would be quite outside the power of the court. Leave refused.
[ Bailii ]
 
Andrew Rualan Deflorimonte v British Railways Board [1998] EWCA Civ 681
22 Apr 1998
CA

Police, Torts - Other

[ Bailii ]
 
Barnett, Wilkinson v Chief Constable of West Yorkshire Police [1998] EWCA Civ 715
24 Apr 1998
CA

Police

[ Bailii ]

 
 Pollard v Chief Constable of West Yorkshire Police; CA 28-Apr-1998 - [1998] EWCA Civ 732
 
Gaisance v Commissioner of Police for Metropolis and Rover Finance Limited [1998] EWCA Civ 776
6 May 1998
CA

Police

[ Bailii ]

 
 Nobes, Chief Constable of West Yorkshire Police v Schofield; CA 14-May-1998 - Times, 15 May 1998; [1998] EWCA Civ 838

 
 Sacco v Chief Constable of South Wales Constabulary and others; CA 15-May-1998 - [1998] EWCA Civ 843
 
Cairns v Northumbria Police Authority [1998] EWCA Civ 842
15 May 1998
CA

Police

[ Bailii ]

 
 Foulkes v Chief Constable of Merseyside Police; CA 9-Jun-1998 - Times, 26 June 1998; [1998] EWCA Civ 938; [1998] 3 All ER 705

 
 Commissioner of Police for Metropolis v Gerald; CA 10-Jun-1998 - Times, 26 June 1998; [1998] EWCA Civ 946
 
Bunn v British Broadcasting Corporation and Another Gazette, 15 July 1998; Times, 23 June 1998
23 Jun 1998
ChD

Media, Police
A police interview under caution was confidential and was not to be reported in breach of that right of confidence, but the confidentiality was lost when the judge read the interview transcript in open court


 
 Gapper v Chief Constable of Avon and Somerset Constabulary; CA 2-Jul-1998 - [1998] EWCA Civ 1146
 
Regina v Cleveland Police Authority ex parte Keith Rodger [1998] EWHC Admin 726
9 Jul 1998
Admn

Police
Continuance of disciplinary proceedings against police officer after retirement on ill health grounds.
[ Bailii ]
 
Commissioner of Police for Metropolis v Lowrey-Nesbitt Times, 29 July 1998; [1998] UKEAT 952_97_1307
13 Jul 1998
EAT

Police, Employment
A police officer does not work under a contract of employment for Employment Rights Act purposes and so may not claim for unlawful deduction from wages under the Act. Employment is a special statutory relationship, not contractual.
1 Cites

1 Citers

[ Bailii ]
 
Vincent v Chief Constable of North Wales Police [1998] EWCA Civ 1221
15 Jul 1998
CA

Police, Torts - Other

[ Bailii ]
 
Chief Constable West Yorkshire Police v S [1998] EWCA Civ 1259
22 Jul 1998
CA

Police, Employment

[ Bailii ]

 
 Ahmed v Chief Constable of West Midlands Police; CA 28-Jul-1998 - [1998] EWCA Civ 1305
 
Sutton v Commissioner of Police for Metropolis [1998] EWCA Civ 1333
29 Jul 1998
CA

Police

[ Bailii ]
 
Darby v Warwickshire Constabulary and Another [1998] EWCA Civ 1340
30 Jul 1998
CA
Beldam, Buxton LJJ
Police, Negligence

[ Bailii ]
 
Leach v Chief Constable of Gloucestershire Constabulary Times, 04 September 1998; [1998] EWCA Civ 1368; [1999] 1 All ER 215; [1999] 1 WLR 1421
31 Jul 1998
CA
Henry LJ, Pill LJ, Brooke LJ
Personal Injury, Police
It was arguable that the police owed a duty of care in negligence to a volunteer they called in to act as appropriate adult in harrowing and traumatic police interviews, and who later suffered nervous shock and stress as a result. The claimant had acted as such in an infamous multiple murder case.
1 Cites

[ Bailii ]
 
Deflorimonte v Commissioner of Police for Metropolis [1998] EWCA Civ 1401
18 Aug 1998
CA

Police

[ Bailii ]

 
 Regina v Chief Constable of the British Transport Police, Ex Parte Farmer; QBD 4-Sep-1998 - Times, 04 September 1998

 
 S v S (Chief Constable of West Yorkshire Police Intervening); CA 9-Sep-1998 - Gazette, 09 September 1998; Gazette, 16 September 1998; Times, 24 August 1998
 
Regina v Police Complaints Authority ex parte Newman HC Admin 874
9 Sep 1998
Admn

Police

[ Bailii ]

 
 Regina v Marylebone Magistrates Court and Another ex parte Amdrell Ltd T/S 'Get Stuffed' and Others; QBD 17-Sep-1998 - Times, 17 September 1998
 
McLeod v The United Kingdom Times, 01 October 1998; 72/1997/856/1065; 24755/94; [1998] ECHR 92; (1998) 27 EHRR 493; [1998] ECHR 92
23 Sep 1998
ECHR

Human Rights, Police, Torts - Other
A Police Officer assisting in recovery of items ordered to be returned in matrimonial proceedings acted in excess of his powers and trespassed in entering house where there was no immediate threat of breach of the peace, and no sight of disorder. An interference with private life by the police must be objectively justified under Art 8.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Not necessary to examine P1-1; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
European Convention on Human Rights
1 Citers

[ Bailii ] - [ Bailii ]
 
Mark Anthony Coles v Chief Constable of South Yorkshire Police [1998] EWCA Civ 1517
12 Oct 1998
CA

Police

[ Bailii ]
 
Regina v Chief Constable of Devon and Cornwall ex parte Violet Cornish [1998] EWCA Civ 1536
14 Oct 1998
CA

Police

[ Bailii ]
 
Clewley v Chief Constable of West Midlands Police [1998] EWCA Civ 1560
19 Oct 1998
CA

Police, Torts - Other

[ Bailii ]

 
 Brooker and Brooker v Chief Constable of Thames Valley Police; CA 26-Oct-1998 - [1998] EWCA Civ 1619
 
Regina v Secretary of State for Home Department and Merseyside Police Authority ex parte Barrie Jones [1998] EWHC Admin 1012
27 Oct 1998
Admn
Carnwath J
Police

Police Pensions Regulations 1987
[ Bailii ]

 
 Osman v The United Kingdom; ECHR 28-Oct-1998 - Times, 05 November 1998; 23452/94; 87/1997/871/1083; [1999] 1 FLR 193; [1998] ECHR 101; 5 BHRC 293; (2000) 29 EHRR 245; [1999] Fam Law 86; [1998] HRCD 966; [1999] Crim LR 82; (1999) 163 JPN 297; (1999) 11 Admin LR 200
 
Assenov and Others v Bulgaria 24760/94; (1998) 28 EHRR 652; [1998] ECHR 98
28 Oct 1998
ECHR

Human Rights, Police
An allegation of violence by a police officer did require a thorough, impartial and careful investigation by a suitable and independent state authority: "The court considers that in these circumstances, where an individual raises an arguable claim that he has been seriously ill treated by the police or other such agents of the State unlawfully and in breach of Article 3, that provision, read in conjunction with the State's general duty under Article 1 of the Convention to 'secure to everyone within their jurisdiction the rights and freedoms defined in . . [the] Convention', requires by implication that there should be an effective official investigation. This obligation, as with that under Article 2, should be capable of leading to the identification and punishment of those responsible . . If this were not the case the general legal prohibition of torture and inhuman and degrading treatment and punishment, despite its fundamental importance, would be ineffective in practice and it would be possible in some cases for agents of the State to abuse the rights of those within their control with virtual impunity."
1 Citers

[ Bailii ] - [ Bailii ]
 
Hill v Commissioner of Police for Metropolis [1998] EWCA Civ 1675
4 Nov 1998
CA

Police

[ Bailii ]

 
 Regina v Methyr Tydfil Crown Court ex parte Chief Constable Dyfed Powys Police; Admn 9-Nov-1998 - Times, 17 December 1998; [1998] EWHC Admin 1058
 
Pearl v Commissioner of Police of Metropolis [1998] EWCA Civ 1805
19 Nov 1998
CA

Police

[ Bailii ]
 
Regina v Secretary of State for Home Department ex parte Brian Tanner [1998] EWCA Civ 1826
23 Nov 1998
CA

Police

[ Bailii ]

 
 White, Frost and others v Chief Constable of South Yorkshire and others; HL 3-Dec-1998 - Gazette, 13 January 1999; [1999] 1 All ER 1; [1999] 2 AC 455; [1998] UKHL 45; [1999] ICR 216; [1998] 3 WLR 1509; [1999] IRLR 110; (1999) 45 BMLR 1

 
 Chief Constable of Northumbria v Costello; CA 3-Dec-1998 - Times, 15 December 1998; [1998] EWCA Civ 1898; [1998] EWCA Civ 3536; (1999) 11 Admin LR 81; [1999] ICR 752; [1999] 1 All ER 550
 
Wilson v Chief Constable, Lothian and Borders Police [1998] ScotCS 99
11 Dec 1998
SCS
Lord Hamilton
Police, Contract
The pursuer, having undertaken the removal and storage of scaffolding at the request of the police now sought payment for his services.
[ Bailii ]
 
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