2003
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Cases Reported |
| R (Tucker) v Director General of the National Crime Squad (Administrative Court) | 1 |
| Issue: Whether a decision to terminate an appointment with the National Crime Squad is amenable to challenge by way of judicial review and whether reasons need to be given for such a decision | |
| R (Tucker) v Director General of the National Crime Squad (Court of Appeal) | 9 |
| Issue: Whether a decision to terminate an appointment with the National Crime Squad is amenable to challenge by way of judicial review and whether reasons need to be given for such a decision | |
| R (Redgrave) v Commissioner of Police of the Metropolis (Administrative Court) | 17 |
| Issue: Whether police disciplinary charges should have been dismissed on the grounds of double jeopardy and/or delay | |
| R (Redgrave) v Commissioner of Police of the Metropolis (Court of Appeal) | 25 |
| Issue: Whether police disciplinary charges should have been dismissed on the grounds of double jeopardy | |
| Weir v Chief Constable of Merseyside Police | 32 |
| Issue: Whether a chief officer was liable for an assault committed by an off-duty officer | |
| Washington and others v Commissioner of Police of the Metropolis | 35 |
| Issue: Whether the claimants had been assaulted, falsely imprisonment and maliciously prosecuted; the appropriate award of damages | |
| In re Shields | 57 |
| Issue: Whether a chief officer was entitled to take into account sickness absence when considering whether to promote individual officers | |
| R (Royal Borough of Windsor and Maidenhead) v Dewar and others | 64 |
| Issue: Whether the Court should quash a decision requiring, for a second time, that a Council nominate a member for the Police Authority from a political party that was not the majority party | |
| Clinch v Dorset Police Authority | 68 |
| Issue: Whether a police officer who suffered depression as a result of failing to secure promotion was entitled to an injury on duty award; whether a police authority is entitled to determine whether an injury was received in the execution of the officer’s duty without reference to a duly qualified medical practitioner | |
| Halford v Chief Constable of Hampshire Constabulary and another | 77 |
| Issue: Whether a letter sent by a police officer to the local authority saying that an allegation of assault against a child had been unresolved was published on an occasion of qualified privilege and whether it had been actuated by malice | |
| Jarrett v Chief Constable of the West Midlands Police | 87 |
| Issue: Whether an arrest for breach of the peace was lawful where the conduct in question was agitation and excitement without any threat of injury; whether an arrest for assault was lawful where an attempt had been made to knock a notebook from a traffic warden’s hands | |
| Morrison v Chief Constable of the West Midlands Police | 93 |
| Issue: Whether, a jury having indicated that they were deadlocked, the Judge had put improper pressure on them by expressing regret at their failure to reach a verdict and the need for a further trial | |
| Martin v Chief Constable of the Nottinghamshire Constabulary | 98 |
| Issue: Whether the conduct of the police in handing over a car that had been seized to a garage, on condition that it should not be sold, amounted to a conversion | |
| Williamson v Chief Constable of the West Midlands Police | 102 |
| Issue: Whether breach of the peace is an offence within the meaning of the Police and Criminal Evidence Act 1984 | |
| Lothian and Borders Police Board, petition for Judicial Review | 110 |
| Issue: Whether depression precipitated by work related stress as a result of a disappointing annual assessment was an injury received in the exercise of a constable’s duty | |
| Griffiths v Commissioner of Police of the Metropolis | 116 |
| Issue: Whether the trial judge was entitled to require the Commissioner to pay the costs of an interlocutory hearing where the Commissioner had unsuccessfully opposed the reinstatement of the claim and where the only issue on costs that had been reserved from that hearing had been the possibility of a wasted costs order | |
| Marsh v Chief Constable of Lancashire Constabulary | 118 |
| Issue: Whether claims in negligence and misfeasance based on losses sustained as a result of entering into a corrupt relationship with a police officer should be struck out | |
| Menagh v Chief Constable of the Merseyside Police | 129 |
| Issue: Whether the Judge had been correct to strike out a claim for false imprisonment, malicious prosecution and misfeasance in public office | |
| Phillips v Commissioner of Police of the Metropolis | 134 |
| Issue: Whether a claim for false imprisonment and malicious prosecution which involved contested medical evidence should be heard by judge alone or judge sitting with a jury | |
| X v Commissioner of Police of the Metropolis | 139 |
| Issue: Whether an Employment Tribunal had jurisdiction to make restricted reporting orders/register deletion orders in cases which did not directly involve allegations of sexual misconduct/sexual offences | |
| Lucas v UK | 150 |
| Issue: Whether L’s arrest, detention and prosecution for breach of the peace under Scottish law was a breach of Arts 5, 10 or 11 European Convention on Human Rights | |
| Menson v UK | 155 |
| Issue: Whether a police investigation into a murder breached Arts 2, 6, 8, 13 and 14 of the European Convention on Human Rights | |
| Hyman v Chief Constable of South Wales Police | 166 |
| Issue: The date on which an officer’s leave year commenced for the purposes of the Working Time Regulations 1998 | |
| R (Melia) v Merseyside Police | 168 |
| Issue: Whether a refusal to allow a complaint’s solicitor to be present during police disciplinary proceedings when the complainant was to face a criminal trial was a breach of Arts 3 or 6 of the European Convention on Human Rights | |
| Vento v Chief Constable of West Yorkshire | 171 |
| Issue: Whether the Employment Tribunal and Employment Appeal Tribunal had erred in relation to awards of damages for injury to feelings and aggravated damages in a sex discrimination case | |
| R (O’Brien and others) v Independent Assessor | 183 |
| Issue: Whether the Independent Assessor had applied the correct principles when calculating compensation due under s133 of the Criminal Justice Act 1988 | |
| Rowe and others v Fryers and another | 197 |
| Issue: Whether the Court should order disclosure of transcripts of police interviews with a suspect in subsequent civil proceedings | |
| R (Ellis) v Chief Constable of Essex Police | 209 |
| Issue: Whether it was unlawful for police to use posters of named offenders in an anti-crime campaign | |
| R (Bhoti) v Home Secretary | 216 |
| Issue: Whether the Home Secretary was entitled to overturn a decision on sanction of a police discipline appeal tribunal in a drink driving case when, differing from the tribunal, he thought that it was “more than likely” that the officer had appreciated that he was over the limit | |
| R (Bloggs 61) v Home Secretary | 221 |
| Issue: The lawfulness of a decision to remove a police informant from the Protected Witness Unit into the mainstream prison system after he had received assurances from the police that he would remain in the PWU. | |
| Drury and others v UK | 236 |
| Issue: Whether a failure to exclude evidence breached Arts 6 and 13 of the European Convention | |
| Okpako v Commissioner of Police of the Metropolis and others | 242 |
| Issue: Whether permission should be given to serve a Race Relations Questionnaire out of time | |
| Tibbs v Islington LBC | 248 |
| Issue: Whether a claim for malicious prosecution could proceed where the defendant had been a supporting creditor in bankruptcy proceedings which had been annulled on the basis of payment to the defendant of far less than it had sought | |
| Strickland and another v Hertfordshire County Council | 252 |
| Issue: Whether a claim for malicious prosecution could be brought in relation to proceedings to close a care home, and whether the Council owed the operators of a care home a duty of care when considering whether to seek to close it | |
| Taylor-Sabori v UK | 257 |
| Issue: Whether the interception of messages sent to a pager amounted to a breach of Art 8 of the Convention; the appropriate remedy | |
| Hewitson v UK | 261 |
| Issue: Whether the use of a covert listening device amounted to a breach of Art 8 of the European Convention; the appropriate remedy | |
| Chalkley v UK | 264 |
| Issue: Whether there had been breaches of Arts 8 and 13 of the Convention as a result of the use of a listening device pursuant to the Police Act 1997 and the Home Office Guidance | |
| DPP v Morrison | 267 |
| Issue: Whether police had a power to close a public right of way over private premises by way of a cordon in order to preserve a crime scene | |
| Heath v Commissioner of Police of the Metropolis | 273 |
| Issue: Whether the Commissioner could rely on absolute immunity in respect of a claim for sex discrimination arising out of the conduct of a police disciplinary hearing | |
| R (Aru) v Chief Constable of Merseyside Police | 279 |
| Issue: Whether a caution should be quashed | |
| Dowsett v UK | 284 |
| Issue: Whether failure to disclose a document during a criminal trial amounted to a beach of Art 6 of the Convention | |
| A Local Authority v W and A Police Authority | 294 |
| Issue: Whether sensitive police information that was relevant to care proceedings should be disclosed to the parties in those proceedings | |
| R v W | 300 |
| Issue: Whether s17 of the Regulation of Investigatory Powers Act 2000 prevents evidence being given in order to determine whether a telecommunications network is a public or private system | |
| Quaquah and others v Group 4 Falck Global Solutions Ltd | 318 |
| Issue: Whether detention officers who had given evidence against detainees charged with riot were liable in malicious prosecution | |
| Finucane v UK | 323 |
| Issue: Whether the failure to hold a proper investigation into the murder of a solicitor, where the involvement of state agents was suspected, was a breach of Art 2 of the European Convention on Human Rights | |
| Cullen v Chief Constable of the Royal Ulster Constabulary | 337 |
| Issue: Whether a breach of the statutory obligation to allow access to a solicitor during police detention gives rise to a right of action for damages | |
| Perry v UK | 355 |
| Issue: Whether the covert video recording of a suspect at a police station, for the purposes of carrying out a video identification parade, amounted to a breach of Art 8 of the Convention | |
| Paul v Chief Constable of Humberside | 363 |
| Issue: Whether, on the facts, it was necessary to leave questions to the jury in a false imprisonment and malicious prosecution claim | |
| Ward v Commissioner of Police of the Metropolis and another | 371 |
| Issue: Whether a warrant issued under s135 Mental Health Act 1983 was valid | |
| R (South Wales Police Authority) v Morgan | 374 |
| Issue: Whether a medical referee’s decision that stress-related illnesses attributable to financial difficulties and a police investigation were received in the execution of an officer’s duty should be quashed | |
| Chief Constable of Lancashire v Potter | 379 |
| Issue: Whether an application for an anti social behaviour order against a prostitute who operated in an area where there was a significant problem with prostitution was properly dismissed | |
| Oliver v Chief Constable of Northumbria | 390 |
| Issue: Whether an assertion that a police officer’s report was unfounded and discredited amounted to an allegation of dishonesty, whether it was made on an occasion of qualified privilege and whether the defence of fair comment was available | |
| R (Gillan) v Commissioner of Police of the Metropolis and another | 397 |
| Issue: Whether the use of stop and search powers under ss43-47 of the Terrorism Act 2000 was lawful | |
| Keegan v Chief Constable of Merseyside | 408 |
| Issue: Whether a claimant could succeed in a claim for malicious procurement of a search warrant and trespass where there had been reasonable grounds for obtaining the warrant | |
| Amis v Commissioner of Police of the Metropolis, Police Complaints Authority and CPS | 416 |
| Issue: Whether a claim for breach of Art 6(1) in relation to delay in investigating a complaint against police officers should be struck out, and whether summary judgment should be given in the defendants’ favour | |
| Baskerville v Chief Constable of Kent (Employment Appeal Tribunal) | 429 |
| Issue: Whether an Employment Tribunal had been right not to strike out a claim for sex discrimination made by a police officer against the Chief Constable | |
| Baskerville v Chief Constable of Kent (Court of Appeal) | 437 |
| Issue: Whether a Chief Constable can be liable under the Sex Discrimination Act 1975 for sexual harassment and other acts of discrimination committed by one officer against another officer | |
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