Newsletter

2000

Cases Reported


Talbot v DPP 1
Issue: Whether an office in a building is an enclosed area within the meaning of the Vagrancy Act 1824
 
Gregory v Portsmouth City Council 3
Issue: Whether a malicious prosecution claim can be brought in respect of disciplinary proceedings
 
Fitt v UK 10
Issue: Whether Art 6 of the Convention was breached by reason of non-disclosure of material in the hands of the prosecution
 
Jasper v UK 25
Issue: Whether Art 6 of the Convention was breached by reason of non-disclosure of material in the hands of the prosecution
 
Rowe and Davis v UK 41
Issue: Whether Art 6 of the Convention was breached by reason of non-disclosure of material in the hands of the prosecution
 
Chief Constable of Nottinghamshire Constabulary v Parkin 54
Issue: Whether Justices ought to have declined jurisdiction to entertain proceedings under the Police Property Act 1897 when a difficult factual issue arose
 
Conlon v Chief Constable of Northumbria Police 58
Issue: Whether the Judge had been right to order summary judgment on a false imprisonment claim; whether a split trial should be ordered, with liability and availability of aggravated and/or exemplary damages determined by the Jury and quantum assessed by the Judge
 
Gloster v Chief Constable of Greater Manchester Police 61
Issue: Whether a police officer who was bitten by a police dog should succeed in a claim in negligence and under the Animals Act 1971
 
R (Lainton) v Chief Constable of the Greater Manchester Police 67
Issue: Whether an Assistant Chief Constable was entitled to extend a probationer’s period of probation after its expiry
 
Whitmarsh v Chief Constable of Avon & Somerset Constabulary 73
Issue: Whether the Judge should have ordered disclosure of informant-related documentation in the course of a trial
 
R (Stewart) v Sussex Police Authority 76
Issue: Whether an officer who was capable of carrying out sedentary duties should have been required either to rejoin the force or to lose her pension entitlement
 
Clarke v Chief Constable of North Wales Police 83
Issue: Whether an informant-based drugs arrest was lawful and whether telling a person that she was under arrest “on suspicion of controlled drugs” complied with s28(3) of PACE
 
Rixon and another v Chief Constable of Kent 91
Issue: Whether a solicitor who had been refused access to a police station could succeed in a claim in negligence and/or misfeasance
 
B v Chief Constable of Avon and Somerset 98
Issue: Whether an application for a sex offender order was civil or criminal; the appropriate standard of proof; whether an order could be amended
 
Bibby v Chief Constable of Essex 107
Issue: Whether an arrest of a bailiff for breach of the peace was lawful
 
Robinson v Commissioners of Customs and Excise 112
Issue: Whether an informant could sue for breach of contract based on an agreement for the supply of information in return for remuneration
 
McNern v Commissioner of Police of the Metropolis 117
Issue: Whether it was reasonably foreseeable that an arrest would cause psychiatric damage
 
Dhesi v Chief Constable of the West Midlands Police 120
Issue: Whether an arrest for affray was lawful when it came some time after the conduct relied upon, the grounds for arrest were given by a different officer from the arresting officer and the claimant was just told he was being arrested “for affray”
 
Kuopila v Finland 125
Issue: Whether Art 6 European Convention was breached by non-disclosure of a police report
 
R (Bennion) v Chief Constable of Merseyside Police 131
Issue: Whether a Chief Constable could hear disciplinary charges where he was a party to Employment Tribunal proceedings against the officer
 
Condron v UK 139
Issue: Whether Art 6 was breached by an inadequate direction by the trial judge as to the drawing of adverse inferences from silence in police interviews in light of legal advice to remain silent, and the limited scope of the Appeal Court inquiry into the fairness of the trial
 
R (Stunt) v Mallet 152
Issue: Whether a depressive illness had been sustained in the execution of an officer’s duties for the purposes of the Police Pensions Regulations 1987
 
Khan v UK 156
Issue: Whether the use of covert listening equipment to record a suspect’s conversations whilst in his home was a breach of Art 8
 
Ghafar v Chief Constable of West Midlands Police 165
Issue: Whether an officer making an arrest under s25 PACE is required by s28(3) PACE to give the offence concerned or the general arrest condition or both; whether s28 had been complied with in the circumstances
 
Lee v UK 170
Issue: Whether police disciplinary proceedings engage Art 6 of the European Convention on Human Rights
 
R (Manning and another) v DPP 172
Issue: Whether the DPP was obliged to give reasons for his decision not to prosecute a prison officer for the manslaughter of an inmate; whether the decision was proper
 
R (Coombs) v Chief Constable of the Greater Manchester Police 182
Issue: Whether the police were entitled to retain information about a person after he had been acquitted
 
Magee v UK 188
Issue: Whether Art 6 European Convention was breached by the refusal of access to a lawyer for 48 hours, during which the defendant confessed
 
Averill v UK 198
Issue: Whether there were breaches of Art 6 European Convention from the drawing of adverse inferences from a defendant’s silence in police interviews and from the refusal of access to a lawyer for the first 24 hours of his detention
 
Mahon & Kent v Rahn and Others 210
Issue: Whether a complainant was liable in libel and/or malicious prosecution in respect of criminal charges brought by a prosecuting authority
 
R (Service Authority for the National Crime Squad and others) v Customs & Excise Commissioners 246
Issue: Whether the National Crime Squad and the National Criminal Intelligence Service are police authorities and entitled to a VAT refund
 
Cunningham v Essex County Council and others 254
Issue: Whether the Council was liable for malicious prosecution when the police had laid charges on the basis of its complaints
 
R (GR) v Greater Manchester Police 272
Issue: Whether a failure to inform a person about the registration effects of the Sex Offenders Act 1997 rendered a subsequent caution invalid
 
R (Thompson) v Chief Constable of Northumbria Constabulary 277
Issue: Whether a decision to refuse a suspended police officer who was acting as a solicitor’s representative access to a police station was lawful
 
Donnelly v Chief Constable of Lincolnshire and others 284
Issue: Whether a Chief Constable could be liable for breaches of contract by subordinate officers in his force
 
R v Governor of Brockhill Prison ex p Evans (No 2) 290
Issue: Whether damages for false imprisonment were payable to a prisoner whose release date had been calculated on the basis of judicial decisions which were overruled
 
Darker and others v Chief Constable of the West Midlands Police 305
Issue: Whether a claim in misfeasance in which it was alleged that a police officer had fabricated evidence should be struck out on immunity grounds
 
Waters v Commissioner of Police of the Metropolis 322
Issue: Whether a chief officer owed his officers a duty of care to investigate complaints about bullying and to prevent such bullying
 
Heaven v Chief Constable of the West Midlands Police 330
Issue: Whether a jury’s verdicts were irrational; whether there should be a retrial on account of Counsel’s behaviour before the jury and the admission of prejudicial evidence
 
R (Booth) v South Yorkshire Police Authority 335
Issue: Whether there was power to require a police authority to pay the costs incurred by a junior officer in disciplinary proceedings
 
R v Sanghera 337
Issue: Whether Code B applied to searches of a victim’s premises which were carried out with the occupier’s consent
 
Spence v British Railways Board 341
Issue: Whether the British Transport Police are a constabulary maintained by an enactment and so outside the remit of unfair dismissal proceedings
 
R (TDT) v Dyfed Powys Police Public Protection Group 346
Issue: Whether a public protection meeting to decide if there should be disclosure of the fact that allegations of child sex abuse had been made against a person had been conducted fairly
 
R (A) v Chief Constables of C and D 353
Issue: Whether the disclosure by police officers to an employer of unproven allegations of indecent assault contravened the Data Protection Acts and Art 8 European Convention on Human Rights
 
Murgatroyd v Chief Constable for West Yorkshire Police 363
Issue: Whether it had been lawful to send a police dog into a house when the occupier had refused to open the door.
 
Wilson v Chief Constable of Lancashire Constabulary 367
Issue: Whether informing a suspect that he was under arrest “for theft” complied with s28(3) of PACE
 
Abraham v Commissioner of Police of the Metropolis 374
Issue: Whether it was an abuse to contend that an arrest for a particular offence was unlawful when the claimant had subsequently accepted a caution for that offence
 
Nabina v Chief Constable for Greater Manchester and others 377
Issue: Whether pre-action discovery should be given for a proposed malicious prosecution claim where any damages recovered would be nominal
 
Sinclair v Chief Constable of West Yorkshire and British Telecom PLC 380
Issue: Whether a Judge had been correct to refuse to grant summary judgment in the defendant’s favour on a malicious prosecution claim on the basis that it was clearly arguable that the defendant was aware that summaries of the evidence were unfair
 
Attorney-General’s Reference No 3 of 1999 386
Issue: Whether s64 of PACE precludes the use in evidence of a DNA sample that ought to have been destroyed
 
Safeway PLC v Tate 395
Issue: Whether it had been appropriate to order summary judgment in a case that was to be tried with a jury
 
R (East Riding of Yorkshire Council) v The Joint Committee for the purpose of making appointments to the Humberside Police Authority 401
Issue: Whether a Joint Committee, in making appointments to a Police Authority, is required to take into account Independent councillors
 
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