Newsletter

2006

Cases Reported


R (Parminder Singh and others) v Chief Constable of West Midlands Police 1
Issue: Whether the use of a dispersal direction under s30 Anti-Social Behaviour Act 2003 in order to disperse protesters was lawful
 
Sierny v DPP 10
Issue: Whether a failure to provide any explanation of the grounds upon which a dispersal authorisation under s30(4) Anti-Social Behaviour Act 2003 had been made rendered the authorisation invalid.
 
Chief Constable of Merseyside Police v Hickman and another 14
Issue: Whether cash seized under s19 PACE can be re-seized subsequently under s294 Proceeds of Crime Act 2002
 
French and others v Chief Constable of Sussex 19
Issue: Whether claims for psychiatric damage caused to police officers as a result of a shooting which had been caused by corporate failings were sustainable
 
R (Jones) v Chief Constable of Cheshire 24
Issue: Whether a chief constable has power to revoke or suspend a certificate granted under the Pedlars Act 1871
 
R (Gillan and another) v Commissioner of Police of the Metropolis and another 26
Issue: Whether the use of stop and search powers under ss43-47 of the Terrorism Act 2000 was lawful
 
Van Colle v Chief Constable of the Hertfordshire Police 47
Issue: Whether there had been breaches of Arts 2 and 8 ECHR where a prosecution witness, who had reported instances of intimidation and had not been given any protection, was murdered
 
‘Laurence’ v Commissioner of Police of the Metropolis 77
Issue: Whether a former informer who intended to bring a claim relating to insufficient protection should be given pre-action disclosure
 
R (Haw) v Secretary of State for the Home Department and Commissioner of Police of the Metropolis 79
Issue: Whether the statutory prohibition of protests in the vicinity of Parliament applied to protests that had commenced before the Act came into force
 
Scott v Chief Constable of South Yorkshire 86
Issue: Whether there was a duty to disclose unsubstantiated complaints against a police officer in a police civil action
 
Reading Festival Ltd v West Yorkshire Police Authority 91
Issue: Whether the cost of policing a music festival could be recovered from the organisers
 
R (W) v Commissioner of Police of the Metropolis and the London Borough of Richmond-upon-Thames 102
Issue: Whether s30(6) of the Anti-Social Behaviour Act 2003 confers a power to use force in removing a young person to his place of residence
 
R (Kay) v Commissioner of Police of the Metropolis 111
Issue: Whether notice under s11 of the Public Order Act 1986 had to be given of a mass cycle ride that was held at the same time and departing from the same location on the last Friday of each month
 
Manley v Commissioner of Police of the Metropolis 117
Issue: Whether an award of just £1,500 for malicious prosecution with no award of aggravated or exemplary damages was, in the circumstances, a decision to which no reasonable jury could have come
 
R (Bennett) v HM Coroner for Inner South London; Officers A and B (First and Second Interested Parties) and Commissioner of Police of the Metropolis (Third Interested Party) 123
Issue: Whether the requirement in Art 2 ECHR that state agents should use no more force than absolutely necessary differed materially from the English common law test of using such force as was reasonable in self-defence or in defence of another; whether the coroner had erred in refusing to leave a verdict of unlawful killing to the jury
 
R (Mondelly) v Commissioner of Police of the Metropolis 134
Issue: Whether a caution for possession of cannabis was unlawful as a result of a general policy against arresting for possession of cannabis except where aggravating features were present
 
C v The Police and Secretary of State for the Home Department 151
Issue: Whether Part II of the Regulation of Investigatory Powers Act 2000 applied to surveillance undertaken of a police officer in relation to a disability pension claim
 
N v Chief Constable of Merseyside Police 160
Issue: Whether the Chief Constable was vicariously liable for a rape committed by a police officer who was purporting to act as such
 
Karagozlu v Commissioner of Police of the Metropolis 166
Issue: Whether transfer from an open prison to a closed prison amounts to sufficient damage to found a claim in misfeasance
 
R (Da Silva) v DPP and Independent Police Complaints Commission 176
Issue: Whether a decision not to prosecute a police officer for the shooting of a member of the public should be quashed, and whether there should be disclosure of the underlying evidence
 
Rowlands v Chief Constable of Merseyside 187
Issue: Whether it had been appropriate not to award aggravated or exemplary damages in a false imprisonment and malicious prosecution claim
 
Chief Constable of Merseyside Police v Harrison 198
Issue: The appropriate standard of proof in applications for a closure order under s2 of the Anti-Social Behaviour Act 2003
 
R (Errington) v Metropolitan Police Authority 203
Issue: Whether the jurisdiction to entertain an application for a closure order depends on the validity of the closure notice; whether a closure notice was valid; whether the authorising officer could rely on hearsay evidence; and which statutory requirements were governed by the 3 month time limit
 
Keegan v UK 210
Issue: Whether the execution of a search warrant which had not been maliciously obtained nevertheless amounted to a breach of the applicants’ rights under Art 8 ECHR because insufficient enquiries had been made before it was obtained
 
Barracks v Coles and another 217
Issue: Whether the Employment Tribunal had been right to strike out the defence to a race discrimination claim because the Commissioner refused to disclose (a) the reason why a black police officer had not been selected for a post and (b) the legal basis relied on for non-disclosure
 
Ashley and another v Chief Constable of Sussex Police 227
Issue: Whether, in a claim for damages arising out of the shooting of a man by police, there should be disclosure of reports into the incident, the burden of proof and test for self-defence, and whether there should be a strike out of claims in battery and misfeasance, negligence having been admitted
 
R (Singh) v Chief Constable of West Midlands Police 261
Issue: Whether the use of a dispersal direction under s30 Anti-social Behaviour Act 2003 in order to disperse protesters was lawful
 
Connor and others v Chief Constable of Merseyside 280
Issue: Whether issues of reasonable and probable cause and malice should have been left to the jury; whether officers executing a Firearms Act warrant were entitled to use force; and whether the judge had been biased and made prejudicial remarks
 
Hasan v Commissioner of Police of the Metropolis 295
Issue: Whether absolute immunity from suit applied to the process of dismissing a probationer police constable under reg 13 of the Police Regulations 2003
 
Chand and others v Metropolitan Police Service 301
Issue: Whether the interception of telephone calls by a police officer on a private telecommunications system was lawful
 
R (Laporte) v Chief Constable of Gloucestershire Police 309
Issue: Whether officers had been entitled to stop coaches of protestors attending a demonstration at RAF Fairford, and whether they had been entitled forcibly to return the coaches under escort to London
 
R (Dennis) v DPP 343
Issue: Whether a decision not to prosecute for gross-negligence manslaughter should be quashed
 
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