Entry by Force was Unconstitutional
The plaintiff challenged a warrant of commitment to the Tower of London addressed to John Wilkes by name. The plaintiff sought damages after his property was entered by force on behalf of the Secretary of State.
Held: The case was decided on a point of parliamentary privilege from arrest alone . . Pratt LCJ said: ‘the law never admits of a general search-warrant.’ An award of 1,000 pounds damages was given.
Pratt LCJ
[1763] EWHC CP J95, [1763] EngR 103, (1763) Lofft 1, (1763) 98 ER 489
Bailii, Commonlii
England and Wales
Cited by:
Cited – Regina v Inland Revenue Commissioners ex parte Rossminster Ltd HL 13-Dec-1979
The House considered the power of an officer of the Board of Inland Revenue to seize and remove materials found on premises which a warrant obtained on application to the Common Serjeant authorised him to enter and search; but where the source of . .
See Also – John Wilkes, Esq v The King HL 1768
Mr Wilkes had been accused of making a seditious libel against the King. He had peaded not guilty, but then absconded after his conviction, but before his sentence. . .
See also – John Wilkes v The King PC 16-Jan-1769
An information for an offence, is a surmise or suggestion upon record, on behalf of the King, to a Court of Criminal Jurisdiction, and is to all intents and purposes the King’s suit; and may be filed by tbe Solicitor General, during a vacancy of the . .
Cited – Rookes v Barnard (No 1) HL 21-Jan-1964
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct . .
Cited – Thakrar v The Secretary of State for Justice Misc 31-Dec-2015
County Court sitting at Milton Keynes. The claimant prisoner sought damages saying that his personal property had been damaged whilst in the care of the defendant.
Held: The claims succeeded in part. Some damage was deliberate. There was a . .
Lists of cited by and citing cases may be incomplete.
Constitutional
Leading Case
Updated: 31 October 2021; Ref: scu.270751
