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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: 2003 To: 2003

This page lists 55 cases, and was prepared on 02 April 2018.


 
 Weir v Bettison; CA 2003 - [2003] ICR 708
 
Regina (Tucker) v Director General of the National Crime Squad Times, 27 January 2003; Gazette, 13 March 2003; [2003] EWCA Civ 57; [2003] ICR 599; [2003] IRLR 439; [2003] Po LR 9; [2003] ACD 37
17 Jan 2003
CA
Aldous, Scott Baker LJJ, Sir Philip Otton
Police, Judicial Review
The applicant was a senior officer seconded to the National Crime Squad. He complained that his secondment had been terminated in a manner which was unfair, and left him tainted without opportunity to reply. He appealed against rejection of his request for judicial review. Held: The appeal failed. Operational matters within the police service, save disciplinary matters were exempt from judicial review. The squad was a creation of statute, and it is a public body, but that was not enough to make what was a managerial decision, of sufficient public law concern to allow a judicial review. He had not been disciplined, and the appointment was one which would come to an end anyway. "The Deputy Director General in sending the Appellant back to his force was not performing a public duty owed to him. The decision taken in relation to the Appellant was specific to him. Other officers were dealt with differently. Some were arrested; some were sent back to be disciplined; one was retained with different duties. But the Appellant was simply sent back. It was a decision tailor-made to him. It was taken because of perceived deficiencies in his skills and conduct as an NCS officer. It was an operational decision taken because it was decided that he fell short of the particular requirements that were necessary to work in the NCS. It had nothing to do with his private life and I reject Mr Westgate's contention that Article 8 of the ECHR was engaged. "
Police Act 1997 48 55
1 Cites

[ Bailii ]
 
Regina (on the Application of Redgrave) v The Commissioner of Police for the Metropolis [2003] EWCA Civ 4
22 Jan 2003
CA
Mr Justice Scott Baker, Lord Justice Mummery, Lord Justice Simon Brown
Police, Employment
The police officer had been accused of an offence. The case was discharged under the section at committal. The Commissioner sought to commence disciplinary proceedings on the same evidence. Held: The tests of the two sets of hearings were different. The magistrates had been asked to see whether there was sufficient evidence to justify putting him on a criminal trial. The case had been dismissed by the magistrates, but that was not a finding of innocence under s104, and no double jeopardy arose. The double jeopardy rule has no application save to other courts of competent jurisdiction.
The Police (Discipline) Regulations 1985 7 - Magistrates' Courts Act 1980 6 - Police and Criminal Evidence Act 1984 104
1 Cites

[ Bailii ]
 
Kennedy and Other Ruling [2003] UKIPTrib 01_62
23 Jan 2003
IPT

Police, Human Rights

[ Bailii ]
 
Kennedy - Short Summary of The Ruling [2003] UKIPTrib 01_62_77
23 Jan 2003
IPT

Police, Human Rights

[ Bailii ]
 
Weir v Bettison, Sued As the Chief Constable of Merseyside Police [2003] EWCA Civ 111; [2003] ICR 708; [2003] Po LR 32; [2003] All ER (D) 273
29 Jan 2003
CA

Police

[ Bailii ]
 
Weir v Chief Constable of Merseyside Police Times, 04 February 2003; [2003] ICR 708
29 Jan 2003
CA
Tuckey, Latham, LJJ, Sir Denis Henry
Vicarious Liability, Police
An off duty police officer had borrowed a marked police van without permission to help his girlfriend move house. The claimant appeared to be rummaging through his girlfriend's belongings. The claimant refused to obey officer who was employed by the respondent. He was assaulted, and placed in the rear of a police van. He appealed dismissal of his claim against the Chief Constable. Held: The officer had identified himself as a constable, and was using a police van: "when taking hold of Mr Weir, throwing him down the stairs, assaulting him and locking him in the police van saying he was taking him to the police station ...PC Dudley was apparently acting as a constable, albeit one who was behaving very badly. It is clearly fair that Mr Weir should recover for the assault and the injuries caused and for the time he was forcibly confined in the van." The nature of an officer's duties meant that the responsibility of a chief constable would be wider than might apply for other employments. Though the officer had acted unlawfully, his behaviour was not so far outside the nature of his work, and the Chief Constable had vicarious liability.
1 Citers


 
Fay v Chief Constable of Bedfordshire Police Times, 13 February 2003; Gazette, 10 April 2003
6 Feb 2003
QBD
Davies J
Civil Procedure Rules, Police
The claimant had begun proceedings for the return of money held by the respondent. His action was stayed for inactivity, and the respondent later had the claim struck out on the basis that it would be an abuse of process to proceed. Held: The claim could still be tried without unfairness, and accordingly it should not have been struck out. The court applied Taylor rather than Grovit. Strinking out th claim would not best serve the interests of justice. The defendant had no title to the money, but the court made an order for costs of earlier parts of the action in favour of the respondent.
Civil Procedure Rules 51.19(1)
1 Cites

1 Citers



 
 In re Shields; HL 6-Feb-2003 - Times, 07 February 2003; [2003] UKHL 3
 
Royal Borough of Windsor and Maidenhead, Regina (on the Application Of) v Dewar and others [2003] EWHC 154 (Admin)
6 Feb 2003
Admn

Police

[ Bailii ]
 
Shufflebottom v Chief Constable of Greater Manchester Times, 13 February 2003; [2003] EWHC 246 (Admin)
7 Feb 2003
QBD
Mackay J
Police, Animals, Magistrates
The magistrates were asked to make a finding against a dog which was kept within their jurisdiction, but where the incident upon which the application was based, had occurred in Scotland. The appellant contended it should have been heard in Scotland because of section 52 of the 1980 Act. Held: The 1871 Act conferred a civil jurisdiction, and was related to its care. The section was intended to encourage dangerous dogs to be restrained properly. The case fell within th esecond or third categories of section 52, and the magistrates had jurisdiction.
Dogs Act 1871 2 - Magistrates Courts Act 1980 52
[ Bailii ]

 
 Clinch v Dorset Police Authority; Admn 11-Feb-2003 - [2003] EWHC 161 (Admin)
 
Peter Halford v Chief Constable of Hampshire Constabulary, Timothy Eric Curtis [2003] EWCA Civ 102
13 Feb 2003
CA
Lord Justice Sedley, Lord Justice Simon Brown, Mr Justice Jacob
Defamation, Police
The claimant appealed orders in favour of the defendant that statements, which he claimed were defamatory, were made in situations attracting qualified privilege. Allegations had been made by his step-children that the claimant had assaulted them. He had been interviewed by the police, but a prosecution was rejected because the children's evidence was inconsistent with the marks noted. Nevertheless, his work as an educational welfare officer, and the suggestion that the police retained an 'open file' led to them staying on the child protection register. The claimant also alleged malice. Held: The context of the child protection hearing was clearly one attracting qualified privilege. As to malice, the test is subjective, depending on the defendant's state of mind and intention. The remaining possibility of other acts of abuse was enough to destroy any possible foundation for the allegation of malice.
1 Cites

[ Bailii ]
 
Jarrett v Chief Constable of West Midlands Police [2003] EWCA Civ 397; Gazette, 10 April 2003; Times, 28 February 2003
14 Feb 2003
CA
Lord Justice Potter, Lord Justice Chadwick, Mrs Justice Black
Police, Torts - Other
The claimant sought damages for false imprisonment and assault after her wrongful arrest. She had waived her handbag at an officer investigating a disturbance and been arrested. The police said the arrest was lawful, she being suspected of common assault. Held: The judge was entitled to take the view that, taking the evidence at its highest, there were no proper grounds established for arrest in relation to a breach of the peace or apprehended breach of the peace. However, the suspicion in the offer's mind of an offence of assault remained and the arrest was lawful: " ... agitation or excitement, including hysterical waving of a handbag ... in front of a police officer interviewing a member of the public in the street did not constitute a breach of the peace to justify a lawful arrest."
Police and Criminal Evidence Act 1984 25
1 Cites

1 Citers

[ Bailii ]
 
City of London Police Authority, Regina (on the Application Of) v Secretary of State for the Home Department [2003] EWHC 314 (Admin)
14 Feb 2003
Admn

Police

[ Bailii ]
 
Martin v The Chief Constable of the Nottinghamshire Constabulary [2003] EWCA Civ 398
19 Feb 2003
CA

Police

[ Bailii ]
 
Williamson v Chief Constable of the West Midlands Police Times, 11 March 2003; [2003] EWCA Civ 337; Gazette, 01 May 2003; [2004] 1 WLR 14
21 Feb 2003
CA
Mummery, Dyson LJJ
Crime, Police
The claimant had been arrested by an officer entering his house to investigate a breach of the peace, then held for two nights. The police believed that he posed no continuing threat, but believed he had to be brought before the magistrates before being released. Held: The fact that a breach of the peace had been deemed a criminal offence for human rights purposes, did not mean that it would be a criminal offence capable of supporting entry into a property by a police officer to investigate a crime. Section 17 clearly included the intention that a breach of the peace would remain not criminal (see also 25(6)). The claimant should have been released immediately he calmed down.
Police and Criminal Evidence Act 1984 17
1 Cites

1 Citers

[ Bailii ]
 
Marsh v Clare (Chief Constable of Lancashire Constabulary) [2003] EWCA Civ 284; Gazette, 09 May 2003
6 Mar 2003
CA
Lord Justice Chadwick Lord Justice Mummery Lord Justice Potter
Police, Torts - Other
The claimant's had been assaulted by his business partner, who after arrest charge and release, returned and chased him. The claimant became a police informant and paid £10,000 to the constable to join a scheme allowing him trade in stolen cars and receive protection. He was subsequently arrested police for dealing in stolen cars and the officer was charged with corruption anticipating the claimant would provide evidence. The claimant said the chief constable was vicariously liable for the false arrest, negligence and misfeasance in public office. The claimant appealed the striking out of his claim. Held: Appeal dismissed. The police owed no private law duty to investigate crime. Retaining someone as an informant did not, ipso facto, create any personal duty of care when the relationship was unlawfully founded. The claimant failed to disclose any deliberate wrongdoing or malice by the police force and any bad faith in the corrupt detective constable did not constitute misfeasance in public office.
[ Bailii ]
 
Director of Public Prosecutions v Morrison [2003] EWHC 683 (Admin); Times, 21 April 2003
4 Apr 2003
Admn
Lord Justice Kennedy, Mr Justice Hooper
Police, Crime
The Director appealed dismissal of charges under the Acts against the respondent. There had been a fight in a shopping mall. The mall was private land over which there was a public right of way. The respondent objected when the officer taped off an area of the mall to investigate. Held: The owner of the land would be able to withdraw access, and an officer acting within the law could be assumed to have the owner's consent to do the same thing. If it was lawful to cordon an area off, he was acting lawfully in preventing access, and the arrest was lawful. Appeal allowed.
Public Order Act 1986 5 - Police Act 1996 89(2)
1 Cites

[ Bailii ]
 
Melia, Regina (on the Application Of) v Merseyside Police [2003] EWHC 1121 (Admin)
11 Apr 2003
Admn

Police

[ Bailii ]

 
 Frankson and Others v Secretary of State for the Home Department; Johns v Same; CA 8-May-2003 - Times, 12 May 2003; [2003] 1 WLR 1952; [2003] EWCA Civ 655
 
Mossop v Director of Public Prosecutions [2003] EWHC 1261 (Admin)
12 May 2003
Admn

Crime, Police

[ Bailii ]
 
Mills-Owens, Regina (on the Application of) v Chief Constable of the Hampshire Constabulary [2003] EWHC 1306 (Admin)
13 May 2003
Admn

Licensing, Police

[ Bailii ]
 
Collman, Regina (on the Application Of) v Director of Public Prosecutions [2003] EWHC 1452 (Admin)
22 May 2003
Admn

Crime, Police

Police Act 1996 89(1)
[ Bailii ]
 
Aru, Regina (on the Application of) v Chief Constable of Merseyside Police [2003] EWHC 1310 (Admin)
23 May 2003
Admn

Police, Criminal Practice

1 Citers

[ Bailii ]
 
Cumming and others v Chief Constable of Northumbria Police [2003] EWCA Civ 856
9 Jun 2003
CA

Torts - Other, Police
Application for permission to appeal from dismissal of claims for wrongful arrest. Held: Granted
1 Citers

[ Bailii ]
 
E, Re Application for Judicial Review [2003] NIQB 39
9 Jun 2003
QBNI

Police
Application by the mother of one of the children affected by what has become known as 'the Holy Cross dispute'. The applicant seeks judicial review in the form of a declaration that the Chief Constable of the Royal Ulster Constabulary and the Secretary of State for Northern Ireland failed to secure the effective implementation of the criminal law and to ensure safe passage for her and her daughter to the Holy Cross primary school for girls on Ardoyne Road, Belfast.
[ Bailii ]
 
Regina (on the Application of Ellis) v The Chief Constable of Essex Police [2003] EWHC 1321 (Admin); Times, 17 June 2003; Gazette, 10 July 2003
12 Jun 2003
Admn
Mr Justice Goldring The Lord Chief Justice Of England &Amp; Wales
Police, Information, Media
An officer proposed to print the face of a convicted burglar on posters to be displayed in the town. The court considered the proposal. The probation service objected that the result would be to make it more difficult for him to avoid criminality on his release, and it might affect his children and wife. Held: The court made no declaration. The scheme might be administered in a way which was lawful. It would be necessary to view each instance of the scheme in the light of the circumstances of each case.
1 Cites

1 Citers

[ Bailii ] - [ Bailii ]
 
Sussex Police Authority, Regina (on the Application Of) v Beck and Another [2003] EWHC 1361 (Admin)
13 Jun 2003
Admn

Police

[ Bailii ]
 
Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department [2003] EWCA Civ 686; Times, 04 July 2003; Gazette, 04 September 2003; [2003] 1 WLR 2724
18 Jun 2003
CA
Lord Justice Auld, Lord Justice Mummery And Lord Justice Keene
Prisons, Police
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection while he was in prison. He had not eventually been relied upon as a witness. Held: The police were not agents of the prison so as to allow anything they said to create a legitimate expectation as against the prison. There was no fine way of assessing what degree of risk created a 'sufficient clear and immediate risk' to him to create an Article 2 duty to protect him. There was no sufficient unfairness to create a separate duty, though the court suggested the system should be improved. Appeal dismissed.
Prison Act 1952 12 47(1) - Prison Rules 1999 45(1) - European Convention on Human Rights 2
1 Cites

1 Citers

[ Bailii ]
 
Morgan, Regina (on the Application Of) v Justices of Dyfed Powys Magistrates' Court [2003] EWHC 1568 (Admin)
18 Jun 2003
Admn

Police, Magistrates
Money had been taken by the Police, but after the applicants had been acquitted, they sought it to be returned. Their action was struck out after long delays. They aplied to the Magistrates who turned down the application. Held: The money should be returned " . . . once it is clear that the claimant is entitled to possession of the money, then he must, within the terms of the 1897 Act, be treated as the person appearing to the court to be the owner thereof. It does not, of course, mean that he is necessarily the owner; and there is an opportunity for someone who claims to be the owner to take proceedings within six months against the person in possession of the property." The magistrates had been wrong to concentrate on possible but unproven misbehaviour, and the money should be returned.
Police (Property) Act 1897 1(1)
1 Cites

[ Bailii ]
 
Jones v Her Majesty's Attorney-General sued on behalf of New Zealand Police [2003] UKPC 48
19 Jun 2003
PC
Lord Bingham of Cornhill, Lord Hutton, Lord Hobhouse of Woodborough, Lord Scott of Foscote, Lord Rodger of Earlsferry
Commonwealth, Police, Litigation Practice
PC (New Zealand) The claimant was stopped driving his son to the airport. He drove off, but was stopped again. He complained at the constable's conduct. His claim was struck out. He had been stopped under road traffic legislation, but this was not available for non-traffic purposes. Held: There were disputes as to the exact circumstances in which the constable had stopped the car, but a plaintiff's claim should not be dismissed without trial save under the clearest of circumstances indicating that the claim would fail. That had not been shown here. Appeal allowed.
[ Bailii ] - [ PC ]
 
Bhoti, Regina (on the Application Of) v Secretary of State for the Home Department [2003] EWHC 1628 (Admin)
20 Jun 2003
Admn

Police

[ Bailii ]
 
Commissioner of Police for the Metropolis, Regina (on the Application Of) v Coroner Southern District of Greater London and others [2003] EWHC 1829 (Admin)
30 Jun 2003
Admn

Coroners, Police

[ Bailii ]
 
Keegan and Others v Chief Constable of Merseyside [2003] EWCA Civ 936; Times, 17 July 2003; Gazette, 11 September 2003; [2003] 1 WLR 2187
3 Jul 2003
CA
Lord Justice Kennedy Lord Justice Ward Lord Philips Of Worth Matravers, Mr
Police, Torts - Other
The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages. Held: The tort of malicious procurement of a search warrant required it to be established both that there was no reasonable or probable cause for requesting the search warrant and that there was some improper motive. However bad the intelligence, the tort was not in this case proved. An improper motive might sometimes be inferred from an unreaonably obtained warrant, but such inferences must be rare. It was not supported here. The entry was lawful, being an execution of the warrant which had been obtained.
1 Cites

1 Citers

[ Bailii ]

 
 Cullen v Chief Constable of the Royal Ulster Constabulary (Northern Ireland); HL 10-Jul-2003 - Gazette, 18 September 2003; [2003] UKHL 39; [2003] 1 WLR 1763; [2004] 2 All ER 237; [2003] 1 WLR 1763; [2003] NI 375

 
 The Chief Constable of Hampshire Constabulary, Regina (on the Application Of) v Oldring; Admn 14-Jul-2003 - [2003] EWHC 1807 (Admin)
 
Ewing v Security Service [2003] EWHC 2051 (QB)
30 Jul 2003
QBD
Douglas Brown J
Police, Litigation Practice, Human Rights

Regulation of Investigatory Powers Act 2000 65(2)(a)
[ Bailii ]
 
Ward v The Commissioner of Police for the Metropolis and Epsom and St Helier NHS Trust [2003] EWCA Civ 1152; Times, 02 September 2003; Gazette, 02 October 2003
30 Jul 2003
CA
Lord Justice Schiemann Lord Justice Latham
Health, Magistrates, Police
The claimant sought damages for the circumstances of her having been taken into custody. A magistrate had issued a warrant to require her to be removed to a place of safety. The warrant named a social worker and doctor to accompany the officer. The warrant was executed but the social worker and doctor were not those named. Held: Magistrates could issue a warrant without naming the social worker or doctor who would be required under the section to accompany the police officer. If so, such workers could be selected as appropriate. The addition of the names to the warrant was to be read as a restriction on the way the warrant was to be executed, and the officer could not assume that the warrant would have been issued without names or with alternative names. The warrant itself was valid, but the mode of execution was not.
Mental Health Act 1983 135(1)
1 Cites

1 Citers

[ Bailii ]
 
Chief Constable of Kent County Constabulary v Baskerville Times, 10 September 2003; Gazette, 16 October 2003
3 Sep 2003
CA
Sir Andrew Morritt VC, Peter Gibson, Kay LJJ
Employment, Police, Discrimination
The claimant sought damages for sex discrimination by fellow police officers in an action against the Chief Constable. The Chief Constable said he was liable for the unlawful acts of fellow officers. Held: Anything done by an employee was done also by the employer under section 41(2). The law had been changed after Liversidge. A chief constable must delegate his responsibilities, and the court could not say that what occurred fell outside the scope of s41(2), and it was therefore a question of fact for the tribunal.
Sex Discrimination Act 1975 17(1) 41(2) - Police Act 1996 10
1 Cites

1 Citers


 
Minister of Safety and Security v Hamilton [2003] ZASCA 98; [2003] 4 All SA 117 (SCA)
26 Sep 2003

Howie P, Mthiyane, Conradie, Heher JJA and Van Heerden AJA
Torts - Other, Police
South Africa: Supreme Court of Appeal - Subject: Delict - police - legal duty to exercise reasonable care in considering, investigating & recommending application for firearm licence - liability for shooting by unfit person to whom firearm licence issued
The police were held liable to the victim of a shooting for negligently issuing a firearm licence to the attacker, who had a history of psychosis, personality disorder and alcohol abuse. The agreed statement of facts did not suggest that the victim was at higher risk than any other member of the public.
1 Citers

[ Saflii ]
 
Thompson, Regina (on the Application Of) v Secretary of State for the Home Department [2003] EWHC 2382 (Admin)
2 Oct 2003
Admn

Police

[ Bailii ]
 
South Wales Police Authority v Morgan [2003] EWHC 2274 (Admin)
8 Oct 2003
Admn
Stanley Burnton J
Police
A police officer said that his depression had been caused by overwork. After he became depressed, it was made worse by stress and anxiety from an investigation into an injury suffered by his three year old foster son, and financial difficulties experienced during sickness absence and the resultant reduction in pay. Held. In relation to the second and third of those, they could not be said to be injuries received in the execution of duty. On the other hand, the first – stress and depression caused by overwork – gave rise to different considerations and if it were a substantial cause of disablement the disablement could be an injury received in the execution of duty.
1 Citers

[ Bailii ]
 
Gillan and Another, Regina (on the Application of) v Commissioner of the Police for the Metropolis and Another [2003] EWHC 2545 (Admin); Times, 05 November 2003; [2003] All ER (D) 526
31 Oct 2003
Admn
Lord Justice Brooke And Mr Justice Maurice Kay
Police, Human Rights
The applicants challenged by way of judicial review the way they had been stopped and searched under the Act. They attended a demonstration. The search revealed nothing suspicious. General authorisations for such searches had been issued under the Act. Held: The section should not be read so as to restrict the power to issue authorisations for searches only when there was some imminent threat. Lord Justice Brooke said: "the powers are so sweeping and far beyond anything ever permitted by common law powers – the police can stop and search anybody at any time anywhere without any prior grounds of suspicion within a huge metropolitan district - it behoves the police to take particular care to ensure that these powers are not used arbitrarily or against any particular group of people" and
"There is just enough evidence available to persuade us that in the absence of any evidence that these powers were being habitually used on occasions which might represent symbolic targets, the arms fair was an occasion which concerned the police sufficiently to persuade them that the use of section 44 powers was needed " The claim failed.
"It seems to us that a lot of the trouble in this case has arisen because what should be a very quick random stop/search procedure has been elevated into a slow bureaucratic process that would be far more appropriate for a stop/search where there is reasonable cause for police suspicion. No wonder people got annoyed. "
Terrorism Act 2000 44 - European Convention on Human Rights 5 8 10
1 Cites

1 Citers

[ Bailii ]
 
Hobson and others v Cheshire Constabulary [2003] EWHC 3011 (Admin)
19 Nov 2003
Admn

Police

[ Bailii ]
 
Peter Phillips v Strathclyde Joint Police Board for Judicial Review of A Decision of A Medical Referee [2003] ScotCS 294
28 Nov 2003
OHCS
Lord Drummond Young
Scotland, Police

[ Bailii ] - [ ScotC ]
 
Director of Public Prosecutions v Meaden [2003] EWHC 3005 (Admin); Times, 02 January 2004; [2004] 1 WLR 945; [2004] 4 All ER 75
1 Dec 2003
Admn
Rose LJ, Jackson J
Police, Crime
The defendant had been charged with assaulting a police officer in the execution of his duty. The prosecutor appealed a finding of no case to answer. He had been present in a house when the police executed search warrants. He had refused to obey an order requiring him to stay in one room whilst an officer searched the remainder of the house. Held: The warrant had been to search both the house and anybody present. That implied a power to detain the person to be searched for a short period. There is no general power of arrest for obstructing a police officer in the execution of his duty.
Police Act 1996 89(1) 89(2) - Police and Criminal Evidence Act 1984
1 Cites

[ Bailii ]
 
Hutt v Commissioner of the Police of the Metropolis Times, 05 December 2003
3 Dec 2003
CA
Auld, Hale, Dyson LJJ
Police, Torts - Other
The claimant had first been arrested (unlawfully) for non-payment of fines. He was chronically ill. He had later been re-arrested, again unlawfully for an alleged offence of common assault against one of the original arresting civilian officers, and then again for an alleged assault on a police officer. Held: A subsequent lawful arrest could not make lawful an earlier detention under an unlawful arrest. It was not relevant that other powers of arrest migt have been available to the officers. The appeal succeeded, and the claimant was entitled to damages for the entire period of his detention.
1 Cites


 
South Wales Police Authority, Regina (on the Application of) v Medical Referee and Another [2003] EWHC 3115 (Admin)
5 Dec 2003
Admn

Police

[ Bailii ]
 
Wood v West Midlands Police [2003] EWHC 2971 (QB); [2004] EMLR 17
8 Dec 2003
QBD
Tugendhat J
Defamation, Police
The claimant's busness partner had been investigated by the police. He claimed in defamation after a senior officer circulated business associates and others informing them of the prosecution and suggesting the partners's guilt. He said he was defamed by association. The partner was acquitted. Held: Tudendhat J struck out the defence of qualified privilege as having no real prospect of success because in his judgment there was no lawful justification, still less any duty, on the chief constable to disclose the information that he did in so far as it concerned the claimant.
1 Citers

[ Bailii ]
 
Fay v Chief Constable of Bedfordshire [2003] EWCA Civ 1770
10 Dec 2003
CA

Police

1 Cites

[ Bailii ]
 
Coulter v Chief Constable of Dorset Police Times, 24 December 2003; [2003] EWHC 3391; [2004] 1 WLR 1425
12 Dec 2003
ChD

Police, Insolvency, Equity
The claimant had failed in an action for damages against the respondent, and had failed to pay the costs award. The respondent issued a statutory demand. He claimed that it was invalid because the chief constable had changed in the interim, and there had been no assignment of the benefit of the order. Held: The office of chief constable was not a corporation, but an office. Some assignment was required. There was no statutory assignment, but there had been an equitable one. An equitable assignment need take no particular form: "All that is needed is a sufficient expression of an intention to assign". Equity would treat as done that which ought to have been done.
Insolvency Rules 1986 (1986 No 1925) 6.1
1 Cites

1 Citers


 
Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another [2003] EWHC 3002 (Admin); Times, 06 January 2004
17 Dec 2003
Admn
The Honourable Mr Justice Maurice Kay The Honourable Mr Justice Mackay
Police, Criminal Practice, Judicial Review, Human Rights
The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation. Held: The decisions to disclose material to the DoH were "in accordance with law" within the meaning of Article 8(2), notwithstanding the width of the discretion conferred by section 3(5)(a). The claimant should have been allowed opportunity to make representations before disclosure, and the disclosure was unfair, but in the circumstances no damages were to be awarded.
Criminal Justice Act 1987 2(5) - Police and Criminal Evidence Act 1984 19 - European Convention on Human Rights 8(3)
1 Cites

1 Citers

[ Bailii ]
 
Cumming and others v Chief Constable of Northumbria Police [2003] EWCA Civ 1844; Times, 02 January 2004; Gazette, 29 January 2004
17 Dec 2003
CA
The President Of The Family Division
Torts - Other, Police
The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer's suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each was of good character, and the suspicion was based solely on their opportunity to have access to the tape. Held: The arrests were justified even though logically no more than two of the group could have committed the alleged offence. A mere opportunity to commit an offence could in the right circumstances constitute sufficient grounds for suspicion of guilt to support an arrest. The officers had done what they could to minimise the number of people under suspicion, and "there is nothing in principle which prevents opportunity from amounting to reasonable grounds for suspicion. Indeed in some circumstances opportunity may be sufficient to found a conviction. That would be the case where the prosecution can prove that no one else had the opportunity to commit the offence. The question in the present case is whether opportunity is sufficient to be reasonable grounds for suspecting six people when the likelihood is that it was only one or perhaps two of those six who were responsible. Again there can be nothing in principle wrong with arresting more than one person even if the crime can only have been committed by one person." Appeal dismissed.
Police and Criminal Evidence Act 1984 24(6)
1 Cites

1 Citers

[ Bailii ]
 
Regina (Hewitson) v Chief Constable of Dorset Police and another Times, 06 January 2004; [2003] EWHC 3296 (Admin)
18 Dec 2003
QBD

Police
The claimant had been arrested under an extradition warrant. He complained that the police took the opportunity to search his girflriend's nearby flat. The police responded that the search was conducted under a common law power of search attached to the warrant for his arrest. Held: The search was unlawful, since the connection between the claimant and the flat was tenuous. A request by the police to extend th ecommonlaw pronciples was not allowed.
Extradition Act 1989 8(1)(b)
1 Cites

[ Bailii ]
 
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