The claimant had been arrested on suspicion of terrorism, from his innocent association with people later convicted of terrorism. The defendant discovered evidence which would undermine the case against him, but refuse to disclose it. Eventually, after the prosecutor was refused a PII claim, he was ordered to be released and the case was dropped. The defendant now applied for the claim to be struck out, saying that it was and had to be speculative.
Held: The claimant having established the detention, it was for the defendant to justify it. The claim was not to be struck out. If necessary, material could be adduced under closed procedure.
In a developing area of law, it would be wrong to strike out a claim on the basis of assumed or hypothetical facts.
Judges:
Davison M
Citations:
[2017] EWHC 2071 (QB)
Links:
Statutes:
European Convention on Human Rights 5, Human Rights Act 1998 6
Jurisdiction:
England and Wales
Citing:
Cited – Zenati v Police of The Metropolis and Another CA 11-Feb-2015
The claimant appealed against rejection of his claim for damages for false imprisonment and infringement of his human rights. On his arrest for a different offence his passport was suspected to be counterfeit, and he was then held for an offence . .
Cited – Glinski v McIver HL 1962
The court considered the tort of malicious prosecution when committed by a police officer, saying ‘But these cases must be carefully watched so as to see that there really is some evidence from his conduct that he knew it was a groundless charge.’ . .
Cited – Elguzouli-Daf v Commissioner of Police of the Metropolis and Another CA 16-Nov-1994
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to . .
Cited – Moulton v Chief Constable of The West Midlands CA 13-May-2010
The claimant appealed against dismissal of his claim for damages for malicious prosecution and misfeasance in public office. He had been arrested and held on allegations of serious sexual assaults, but then released when the matter came to the Crown . .
Cited – Hicks v Faulkner 1878
Before charging a prisoner, a police officer must have ‘an honest belief in the guilt of the accused based upon a full conviction, founded upon reasonable grounds, of the existence of a state of circumstances, which, assuming them to be true, would . .
Cited – Clooth v Belgium ECHR 12-Dec-1991
Hudoc Violation of Art. 5-3; Just satisfaction reserved . .
Cited – Barrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
Lists of cited by and citing cases may be incomplete.
Human Rights, Police, Torts – Other
Updated: 26 April 2022; Ref: scu.621127