When does a police officer prosecute or commit misfeasance? – UK Police Law Blog

‘It sometimes vexes police lawyers – how the police can be a prosecutor for the purpose of malicious prosecution when it is the Crown Prosecution Service that makes the decision to prosecute. Further, it has not always been easy to identify what acts of officers can result in liability for misfeasance in a public office. In Rees v Commissioner of Police for the Metropolis [2017] EWHC 273 (QB), Mitting J explained both of these – disagreeing with some previous cases and explaining others.’

Full Story

UK Police Law Blog, 7th June 2017

Source: ukpolicelawblog.com

Daniel Morgan murder: three men lose case against ‘malicious’ police – The Guardian

‘Three men charged with the 1987 murder of the private detective Daniel Morgan have lost their case that police maliciously tried to get them convicted. A fourth man has won part of his claim for damages.’

Full story

The Guardian, 17th February 2017

Source: www.guardian.co.uk

Daniel Morgan murder suspects named in court 30 years after killing – The Guardian

Posted January 18th, 2017 in conspiracy, corruption, malicious prosecution, media, murder, news, police by sally

‘The alleged conspirators in the unsolved murder of Daniel Morgan have been named in court, nearly 30 years after the private detective was found dead with an axe embedded in his head in a pub car park.’

Full story

The Guardian, 17th January 2017

Source: www.guardian.co.uk

Solicitor who lost his practice cleared to sue CPS and police for malicious prosecution – Legal Futures

‘The High Court has given the green light to a solicitor to pursue claims against the Crown Prosecution Service (CPS) and South Wales Police (SWP) for malicious prosecution and misfeasance in public office.’

Full story

Legal Futures, 15th November 2016

Source: www.legalfutures.co.uk

Businessman wins payout after police wrongly brand him a paedophile – Daily Telegraph

Posted November 14th, 2016 in damages, indecent photographs of children, malicious prosecution, news, police by tracey

‘An innocent businessman wrongly branded a paedophile when child abuse images were found on his laptop has won a damages payout from police after it emerged a virus was to blame.’

Full story

Daily Telegraph, 14th November 2016

Source: www.telegraph.co.uk

Supreme Court upholds right to claim against ‘malicious’ civil cases – OUT-LAW.com

Posted July 29th, 2016 in costs, malicious prosecution, news, precedent, Privy Council, Supreme Court by tracey

‘Private individuals should have the right to bring a claim against another on the grounds that that person sued them in the civil courts with “unnecessary malice”, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 27th July 2016

Source: www.out-law.com

Police must confront ‘poison of decades-old misdeeds’, Home Secretary tells officers at annual conference – The Independent

‘The police must confront the “poison of decades-old misdeeds”, the Home Secretary Theresa May has told officers, raising hopes that she is close to ordering an inquiry into police misconduct during the 1980s miners’ strike.’

Full story

The Independent, 17th May 2016

Source: www.independent.co.uk

Orgreave inquiry calls grow after damning Hillsborough verdict for police – The Guardian

‘South Yorkshire police’s alleged ‘frame-up’ of striking miners in 1984 is consistent with force’s conduct five years later.’

Full story

The Guardian, 16th May 2016

Source: www.guardian.co.uk

Alternative dispute resolution – Law Society’s Gazette

‘The recent case of Laporte v The Commissioner for the Police of the Metropolis [2015] EWHC 371 (QB), which came before Turner J (pictured), reinforced the pro-ADR stance of courts and the obligation on parties to seriously consider and engage with ADR processes. Although the case also dealt with indemnity costs, this article specifically focuses upon ADR.’

Full story

Law Society’s Gazette, 2nd March 2015

Source: www.lawgazette.co.uk

Court of Appeal rules on police duty to suspects in detention – UK Human Rights Blog

‘In a recent judgment, the Court of Appeal held that where a criminal suspect is remanded in custody, Article 5 of the Convention requires the police to notify the court as soon as possible if there is no longer a reasonable basis for suspecting them. It also held that the police and CPS must aid the court in observing its duty to show ‘special diligence’ in managing a suspect’s detention, by investigating the case conscientiously and by promptly bringing relevant material to the court’s attention.’

Full story

UK Human Rights Blog, 27th February 2015

Source: www.ukhumanrightsblog.com

Metropolitan police agrees payout over alleged race-discrimination case – The Guardian

‘The Metropolitan police has agreed to pay £120,000 in damages in an alleged race-discrimination case where seven officers were accused of assaulting a black motorist.’

Full story

The Guardian, 18th September 2014

Source: www.guardian.co.uk

Walker v Commissioner of Police of the Metropolis – WLR Daily

Walker v Commissioner of Police of the Metropolis: [2014] EWCA Civ 897; [2014] WLR (D) 289

‘The triviality of a person’s detention by a police officer who was not exercising the power of arrest did not prevent that detention from being unlawful and amounting to false imprisonment.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

DPP publishes final guidelines for prosecutions involving social media communications – Crown Prosecution Service

“The Director of Public Prosecutions, Keir Starmer QC, has today published final guidelines for prosecutors on the approach they should take in cases involving communications sent via social media.”

Full story

Crown Prosecution Service, 20th June 2013

Source: www.cps.gov.uk

Crawford Adjusters (Cayman) Ltd and others v Sagicor General Insurance (Cayman) Ltd – WLR Daily

Crawford Adjusters (Cayman) Ltd and others v Sagicor General Insurance (Cayman) Ltd [2013] UKPC 17; [2013] WLR (D) 229

“The tort of malicious prosecution extended to civil as well as criminal proceedings.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

Calix v Attorney General of Trinidad and Tobago – WLR Daily

Calix v Attorney General of Trinidad and Tobago [2013] UKPC 15; [2013] WLR (D) 219

“Oddity of personality did not of itself diminish the value of one’s good character and, therefore, a judge had erred in reducing a plaintiff’s damages for malicious prosecution on the basis that his reputation and social standing did not amount to much because he had chosen to withdraw from society and live as a recluse.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Former police officer wins £840,000 compensation after ‘stitch-up’ – The Guardian

“An Asian former police officer who was racially abused by colleagues at Cleveland police then set up and jailed for a crime he did not commit has accepted compensation from the force of more than £800,000.”

Full story

The Guardian, 16th April 2012

Source: www.guardian.co.uk

Ex Cleveland PC Sultan Alam awarded £400,000 damages – BBC News

“A former Cleveland Police officer who was wrongfully sent to prison has been awarded almost £400,000 after an 18-year legal fight.”

Full story

BBC News, 26th January 2012

Source: www.bbc.co.uk

Claims against the police still difficult, and no help from human rights law – The Guardian

Posted May 18th, 2010 in appeals, human rights, judgments, malicious prosecution, negligence, news, police by sally

“Analysis of the court of appeal judgment on malicious prosecution and the right to liberty.”

Full story

The Guardian, 17th May 2010

Source: www.guardian.co.uk

Hunt v AB – WLR Daily

Posted October 26th, 2009 in law reports, malicious prosecution by sally

Hunt v AB [2009] EWCA Civ 1092; [2009] WLR (D) 305

“In order to found a cause of action in tort for malicious prosecution against a complainant, it had to be shown that the complainant had deliberately manipulated the police and the CPS into taking a course which they would not otherwise have taken.”

WLR Daily, 23rd October 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Acquitted man barred from suing rape accuser – The Guardian

Posted October 23rd, 2009 in damages, malicious prosecution, news by sally

“A former magistrate who spent two years in jail before being cleared of rape has lost his legal battle to sue his accuser for £300,000 damages.”

Full story

The Guardian, 22nd October 2009

Source: www.guardian.co.uk