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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.  














Torts - Other - From: 2003 To: 2003

This page lists 45 cases, and was prepared on 02 April 2018.

 
Sharma v Wells and Medico-Legal Investigations Ltd [2003] EWHC 1230
2003
QBD
Gray J
Torts - Other
The court struck out a claim for damages against an employer for harassment under the 1997 Act.
Protection from Harassment Act 1977
1 Citers


 
Odhavji Estate v Woodhouse [2003] 3 SCR 263
2003

Iacobucci J
Commonwealth, Torts - Other
(Supreme Court of Canada) The court reviewed the ingredients of misfeasance in public office. Held: Iacobucci J said: "To summarize, I am of the opinion that the tort of misfeasance in a public office is an intentional tort whose distinguishing elements are twofold: (i) deliberate unlawful conduct in the exercise of public functions; and (ii) awareness that the conduct is unlawful and likely to injure the plaintiff. Alongside deliberate unlawful conduct and the requisite knowledge, a plaintiff must also prove the other requirements common to all torts. More specifically, the plaintiff must prove that the tortious conduct was the legal cause of his or her injuries, and that the injuries suffered are compensable in tort law." While grief or emotional distress were insufficient injury to support a claim, visible and provable illness or recognisable physical or psychopathological harm were not.
1 Cites

1 Citers


 
British Midland Tool Limited v Midland International Tooling [2003] 2 BCLC 523
2003
ChD
Hart J
Torts - Other, Company
Four former employees had set out to create a business in competition with the claimant. They had agreed to use unlawful means to do so. Held: A director who decided to set up a competing business and took preparatory steps could rely upon the public interest in favouring competitive business as an answer to allegations of breach of fiduciary duty. He must end to his fiduciary obligation by resigning his directorship. Until he has done so, preparatory steps taken in pursuance of an irrevocable intention to compete would generally amount to a breach of his fiduciary obligations as director
Hart J said: "The claimant undoubtedly suffered some damage in the present case as a result of the secession of the Tamworth Four together with a large part of the workforce. There is also no doubt, in our judgment, that such damage was not only foreseeable but actually foreseen . . By virtue of that fact they may be said, for the purpose of the tort, to have intended that damage."
1 Citers


 
Co-Operative Group (Cws) Ltd (Formerly Co-Operative Wholesale Society Ltd) v International Computers Ltd [2003] EWHC 1 (TCC)
13 Jan 2003
TCC

Contract, Torts - Other

1 Cites

1 Citers

[ Bailii ]
 
Kuwait Airways Corp v Iraqi Airways Company [2003] EWHC 31 (Comm); [2003] 1 Lloyd's Rep 448
24 Jan 2003
ComC
David Steel J
Torts - Other
The court found that the defendant had brought false evidence and forged documents to seek to persuade the English court that it had state immunity, and had been partially successful, but that on the true facts it was not immune from the jurisdiction of the court in relation to the period 9th August to 16th September 1990. IAC had in fact incorporated into its own fleet and wrongfully interfered with KAC's aircraft prior to 17th September 1990 and the passing of RCC 369 (the date from which Mance J found wrongful interference). Held: The court awarded damages (essentially the wasted costs element of the jurisdiction phase) and costs totalling some £1 million.
1 Cites

1 Citers

[ Bailii ]
 
Luck T/A G Luck Arboricultural and Horticultural v London Borough of Tower Hamlets [2003] EWCA Civ 52
30 Jan 2003
CA
Lord Justice Mummery, Lord Justice Rix, Lord Justice Judge
Local Government, European, Torts - Other
The claimant said he had been wrongfully excluded from tendering for work by the respondent under the Regulations. He had worked for the respondent as a contractor for many years. He complained that a reference provided by one of the decision makers was inaccurate, and given in bad faith. Held: The papers had failed to raise within the time limit set, the issue of contravention of the regulations. Accordingly it was time barred. The regulation was not invalid under European law. The claimant had failed to show bad faith in such a way as to allow a claim for misfeasance in public office.
Public Services Contracts Regulations 1993 (SI 1993 no 3328) - Council Directive 92/50/EEC
[ Bailii ]
 
Regina (W) v Doncaster Metropolitan Borough Council Times, 12 March 2003; [2003] EWHC 192 (Admin )
13 Feb 2003
QBD
Stanley Burton J
Torts - Other, Human Rights, Health
The claimant sought damages for false imprisonment. The mental health tribunal had ordered his release, but the respondent had delayed that release. Held: False imprisonment is established on proof of imprisonment without lawful authority. An authority might commit both the tort of false imprisonment and infringe a patient's human rights, but not all infringements of a patient's article 5 rights would involve a breach of domestic law. It was not therefore possible to equate an infringement of article 5 with a domestic tort, and the section did not apply. The Mental Health Act should be read down so as not to protect authorities against breaches of the convention.
Mental Health Act 1983 139(1) - European Convention on Human Rights 5 8
1 Cites

1 Citers

[ 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 ]

 
 Donoghue v Folkestone Properties Limited; CA 27-Feb-2003 - [2003] EWCA Civ 231; Times, 10 March 2003; Gazette, 01 May 2003; [2003] 2 WLR 1138; [2003] QB 1008
 
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 ]
 
British Midland Tool Ltd v Midland International Tooling Ltd and Others [2003] EWHC 466 (Ch); [2003] 2 BCLC 523
12 Mar 2003
ChD
Hart J
Torts - Other, Intellectual Property
The claimant sought damages for conspiracy and other torts and breaches of duty against the defendants.
1 Cites

[ Bailii ]
 
Morin v Bonhams and Brooks Ltd and Another [2003] EWHC 467 (Comm); [2003] 2 All ER (Comm) 36; [2003] ILPr 25
18 Mar 2003
ComC
Jonathan Hirst QC
Contract, Torts - Other
Claim for rescission of contract for purchase of Ferrari car at auction after discovery of alteration to odometer.
Jonathan Hirst QC said (after discussing the Christie's case): "Plainly this authority provides substantial ammunition for B&B Monaco to contend that they owed no duty of care to [the claimant] but, if English law applied, I would hold that he had surmounted the fairly low threshold of showing a reasonable prospect of success on this point for the following reasons. (a) But for the conditions of sale, there could be little doubt that B&B Monaco owed a duty of care. (b) The decision in De Balkany's case on whether Christie's owed any duty in tort was expressly obiter and moreover it would appear that the court was not addressed on the impact of s 2(2) of the Unfair Contract Terms Act 1977. (c) The conditions of sale in this case are not the same as Christie's in the case. (d) In particular, cl 3 is prefaced with the following: 'whilst every effort has been made to ensure the accuracy of the description'. I think it is arguable that the exclusions of liability which ensue proceed on the assumption that every effort has indeed been made by B&B Monaco and that if every (reasonable) effort has not been made the exclusions are not to be effective to exclude a duty of care. It is right to bear in mind that these are B&B Monaco's conditions of sale, and they should be construed contra proferentem".
1 Cites

1 Citers

[ Bailii ] - [ Bailii ]
 
Tesco Stores Limited v Pook, Pook, Universal Projects (UK) Limited [2003] EWHC 823 (Ch); [2004] IRLR 618
14 Apr 2003
ChD
The Honourable Mr Justice Peter Smith
Contract, Torts - Other
A trustee in breach of his duty has a duty to disclose that breach. It was alleged that the defendants, including a director of the claimant, had submitted false invoices to the claimants, and purchased property with the resulting profits. Held: Mr Pook owed a duty to disclose the bribes that he had taken. He was in breach of that duty. The agreement had an implied a term that the holder of the option should not be entitled to exercise it if he had committed "a serious breach of the contract".
1 Cites

1 Citers

[ Bailii ]
 
Huntingdon Life Sciences Group Plc and Another v Stop Huntingdon Animal Cruelty (Shac) and Others [2003] EWHC 1139 (QB)
16 Apr 2003
QBD
Pitchers J
Torts - Other
Application for an injunction by the first claimant, Huntingdon Life Sciences Group PLC and Huntingdon Life Sciences Limited and their managing director, the second claimant, who seeks relief both on his own behalf and on behalf of employees of the first claimant.
The first defendants Stop Huntingdon Animal Cruelty are an organisation whose express purpose it is to close down the first claimant's business. The claimants seek relief against them and all their members and all protestors conducting activities against the claimants. The second and tenth defendants are individuals who can be demonstrated to have played an active role in the activities of SHAC against HLS, and indeed between them have acquired a number of convictions in the criminal courts as a result of that activity. The eleventh and twelfth defendants are organisations sharing the aim of SHAC and on the claimant's case working with them towards the achievement of that aim.
[ Bailii ]
 
The Society of Lloyd's v Eric Nigel Laws and Others 2003/EWHC 873 (COMM)
17 Apr 2003
QBD
The Honourable Mr Justice Cooke
Torts - Other, Insurance, Limitation


 
Rowe and others v Fryers and Another [2003] EWCA Civ 655
8 May 2003
CA

Prisons, Evidence, Torts - Other

[ Bailii ]
 
Pigford v Sunderland [2003] EWCA Civ 823
16 May 2003
CA

Personal Injury, Torts - Other

[ 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 ]
 
Carlton Greer v Alstons Engineering Sales and Services Limited [2003] UKPC 46
19 Jun 2003
PC

Commonwealth, Torts - Other
PC (Trinidad and Tobago) The claimant had bought an expensiv agriucltural tool (a hoe) from the defendants. It was defective and her returned it repeatedly for repair. Eventually they refused to allow him to test drive it or return it after a repair without an earlier repair bill being paid. He claimed in detinue. Many years later the court of appela found in is favour but wawarded only nominal damages for his loss of use of the hoe, saying that he hasd not established enough to claim more. He appealed. Held: The appeal succeeded in part. Neither a claim for interest nor the facts and matters relied on in support of such a claim need be pleaded, and te respondent's argument on this score failed. Interest was awarded for much of the intervening period.
1 Cites

[ Bailii ] - [ PC ] - [ PC ]

 
 Mattis v Pollock (T/A Flamingo's Nightclub); CA 1-Jul-2003 - [2003] EWCA Civ 887; [2003] 1 WLR 2158; [2003] IRLR 603; [2004] PIQR P3; [2003] ICR 1335; [2004] 4 All ER 85
 
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 ]
 
Morris v Fife Council [2003] Scotcs 190
4 Jul 2003
OHCS
Lord Abernethy
Scotland, Litigation Practice, Torts - Other
The pursuer sought damages from the respondent council for abuse he had suffered whilst in their care as a child. He sought jury trial, the defenders said that was unsuitable, liability being admitted. Held: This was a case which exceptionally should be heard without a jury. The events had occurred many years earlier. The nature of the claim meant that any cross-examination of the pursuer could be prejudicial to defender. In essence the claims were for psychological dinjury.
1 Cites

[ 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
 
Shalson and others v Russo and others [2003] EWHC 1637 (Ch)
11 Jul 2003
ChD
Rimer J
Torts - Other

[ Bailii ]
 
Clarke v Fennoscandia Limited and others [2003] ScotCS 209; 2003 GWD 31-855; 2004 SC 197; 2003 SCLR 894
23 Jul 2003
OHCS
Lord Kingarth
Torts - Other

1 Cites

1 Citers

[ Bailii ]

 
 Tomlinson v Congleton Borough Council and others; HL 31-Jul-2003 - [2003] UKHL 47; Times, 01 August 2003; Gazette, 11 September 2003; [2003] 3 WLR 705; [2004] 1 AC 46; [2003] NPC 102; [2003] 32 EGCS 68; [2003] 3 All ER 1122; [2004] PIQR P8
 
JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal [2003] EWCA Civ 1151; Times, 21 August 2003; [2003] 3 FCR 1; [2003] 4 All E R 796; [2004] QB 558
31 Jul 2003
CA
Lady Justice Hale Lord Justice Latham Lord Phillips Of Worth Matravers, Mr
Torts - Other, Professional Negligence, Human Rights
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not 'fair just and reasonable' to impose such a duty. The appellants sought to distinguish X v Bedfordshire in different ways. Held: The appeals concerned a fundamental aspect of the law of negligence. The courts would not extend the duty of care unless it was 'fair just and reasonable.' No infringement or article 6 was involved in that decision. Human rights law as regards the infringement of the right to family life would require investigation of the individual facts, and was an extension of the pre-existing law, but that could not assist parties affected by acts predating the Human Rights Act. For claims by children there would always be conflicting interests, but for parents their interests would always be for the child to stay with them. Therefore there would be no investigation of the facts of their circumstances required, and no claim.
European Convention on Human Rights 6 8.1
1 Cites

1 Citers

[ Bailii ]
 
John Stewart Hamilton and others v Allied Domecq Plc [2003] ScotCS 216
1 Aug 2003
OHCS
Lord Abernethy
Negligence, Torts - Other

1 Cites

1 Citers

[ Bailii ]
 
Lewis v Altaf [2003] EWCA Civ 1229
15 Aug 2003
CA

Land, Nuisance, Torts - Other

[ Bailii ]
 
MCI Worldcom International Inc v Primus Telecommunications Inc [2003] EWHC 2182 (Comm)
25 Sep 2003
ComC
The Honourable Mr Justice Colman
Contract, Torts - Other
The claimant sought judgment, and the defendant leave to amend its defence. The question was whether the proposed defence had any reasonable prospect of success. Held: The misrepresentation alleged was made by the claimant's in-house solicitor. However there was no evidence of any intent that she should say something misleading, and no right of rescission could arise. The counterclaim did not meet the appropriate test, and failed.
Misrepresentation Act 1967 2(1)
1 Cites

1 Citers

[ Bailii ]
 
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 ]
 
Man Nutzfahrzeuge Aktiengesellschaft and others v Freightliner Ltd and others [2003] EWHC 2245 (Comm)
7 Oct 2003
ComC

Torts - Other, Jurisdiction

1 Citers

[ Bailii ]
 
Chagos Islanders v The Attorney General, Her Majesty's British Indian Ocean Territory Commissioner [2003] EWHC 2222 (QB); Times, 10 October 2003; [2003] All ER (D) 166
9 Oct 2003
QBD
The Honourable Mr Justice Ouseley
Torts - Other
The Chagos Islands had been a British dependent territiry since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a new tort of unlawful exile, derived from Magna Carta. Held: Whatever the difficulties in law, some Chagossians had been treated shamefully over many years. Nevertheless the evidence was from a generally illiterate people, and lacked consistency. There was a power if necessary to take over private property for the purposes of defence interests. On the claims of misfeasance and deceit, no individual officers had been identified as having acted with malice, and those claims had no prospects. The alleged tort of wrongful exile was really an allegation of maladministration. The claim was struck out.
Magna Carta
1 Cites

1 Citers

[ Bailii ]
 
Daiichi UK Ltd and others v Stop Huntingdon Animal Cruelty and Others; Asahi Glass UK ltd and others v Same; Eisaai Ltd v Same; Yam,anouchi Pharma UK Ltd and others v Same; Sankyo Pharma UK Ltd and others v Same Times, 22 October 2003; Gazette, 16 October 2003; [2003] EWHC 2337 (QB)
13 Oct 2003
QBD
Owen J
Torts - Other, Company
The claimants sought injunctions and orders under the act against the respondent in respect of acts of harrassment intended variously to dissuade the companies form engaging in activities disapproved by the respondents. Held: The Act was not available to protect companies. Orders were granted for the individuals employed by them who had been affected, but refused for the companies.
Protection from Harassment Act 1997
1 Citers



 
 Wainwright and another v Home Office; HL 16-Oct-2003 - [2003] UKHL 53; Times, 20 October 2003; [2003] 3 WLR 1137; 2004] 2 AC 406
 
Michael John Bottomley v Todmorden Cricket Club [2003] EWCA Civ 1575; Times, 13 November 2003; Gazette, 02 January 2004; [2004] PIQR 276
7 Nov 2003
CA
Lord Justice Brooke Lord Justice Clarke Lord Justice Waller
Personal Injury, Torts - Other
The claimant was very badly injured at a bonfire organised by the defendants. He had been asked to help with a part of the display, organised by sub-contractors, which exploded as he was filling it. Held: The nature of the activity to be carried out, the discharge of pyrotechnics as part of a dramatic entertainment, required particular care in the choice of contractor. No proper or sufficient checks had been carried out. Insurance was importance to the issue of reasonable care in the choice of a reasonably competent independent contractor. The 1957 Act did nothing to weaken the effect of the judgment of this court in Honeywill. The club had not done what it ought to have done and was liable.
Occupiers' Liability Act 1957
1 Cites

1 Citers

[ Bailii ]
 
The Government of Sierra Leone v Davenport and others [2003] EWHC 2769 (Ch)
7 Nov 2003
ChD
The Honourable Mr Justice David Richards
Torts - Other

1 Cites

[ Bailii ]
 
Shogun Finance Limited v Hudson [2003] UKHL 62; Times, 20 November 2003; [2003] 3 WLR 1627; [2004] 1 LLR 532; [2004] 1 All ER 215; [2004] 1 AC 1101; [2004] 1 Lloyd's Rep 532; [2004] RTR 12; [2004] PIQR P20; [2004] ELR 11; [2004] 1 All ER (Comm) 332
19 Nov 2003
HL
Lord Nicholls of Birkenhead, Lord Hobhouse of Woodborough, Lord Millett, Lord Phillips of Worth Matravers, Lord Walker of Gestingthorpe
Contract, Torts - Other, Consumer
A purchaser used a stolen driving licence to obtain credit for and purchase a car. He then purported to sell it to the respondent, and then disappeared. The finance company sought return of the car. Held: (Lords Nicholls and Millett dissenting) The rogue had not acquired a title, and could not therefore pass one. The terms of the contract were clear. Other circumstances were not available to construe a clear written contract. The question was whether the rogue was a debtor under the agreement. He was not, and could not pass title.
Hire Purchase Act 1964 27(1) 27(2) 29(4)
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]
 
Ian Roderick Holladay v East Kent Hospitals NHS Trust [2003] EWCA Civ 1696
25 Nov 2003
CA
Lord Justice Ward Lord Justice Scott Baker Lord Justice Thomas
Employment, Torts - Other

[ 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


 
Bakhitar v Keosghgerian and Others [2003] EWHC 3084 (QB)
3 Dec 2003
QBD
Overend J
Legal Professions, Torts - Other
An employee of a firm of solicitors took pawned jewellery to show to a third party possible purchaser. The jewels were misappropriated. Held: The person involved, who was known to have a criminal record for fraud was for all relevant purposes the firm's employee, and they had vicarious liability for his behaviour.
Partnership Act 1890 5
1 Cites


 
Panos Eliades, Panix Promotions Ltd, Panix of the Us Inc v Lennox Lewis Times, 10 December 2003; [2003] EWCA Civ 1758; Gazette, 22 January 2004
8 Dec 2003
CA
Lord Justice Potter Lord Justice Jacob Lord Justice Carnwath
Contract, Torts - Other
The claimant had obtained an award of damges in the US, and had had orders made for its enforcement here. The appellants contended that the award, containing an element of 'multiplied damages' offended the rules which would allow its enforcement here. Held: Since the original judgment the US court had restated its decision and clarified the elements of one single sum, and one part in respect of treble damages. The proper view of the rule was that it was an exception to the general desire to give effect to foreign judgments. The US had not signed any treaty for the reciprocal enforcement of judgments, and must therefore rely upon the common law. The award should be enforceable save to the extent where enforcement was proscribed. An English court could examine that judgment and enforce that part of it which did not infringe the rule.
[ 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 ]
 
Co-Operative Group (Cws) Ltd v International Computers Ltd [2003] EWCA Civ 1955; Times, 19 January 2004
19 Dec 2003
CA

Torts - Other, Contract
The judge at first instance had expressed the opinion that the claimant had little prospect of succeeding. Held: The statement gave the impression that he had lost the ability to hear the ability to hear the case impartially.
1 Cites

1 Citers

[ Bailii ]
 
Mckie vStrathclyde Joint Police Board and others [2003] ScotCS 353
24 Dec 2003
SCS
Lord Wheatley
Scotland, Torts - Other

1 Cites

[ ScotC ] - [ Bailii ]
 
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