2001
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Cases Reported |
| R (Caine) v Cavendish | 1 |
| Issue: Whether a medical referee, determining an appeal under the Police Pensions Regulations 1987 from the decision of a medical officer, should consider the matter as at the date of the medical officer’s examination or as at the date of his own examination | |
| Hough v Chief Constable of Staffordshire | 6 |
| Issue: Whether an arrest made on the basis of erroneous information contained on the Police National Computer was lawful | |
| R (O’Leary) v Chief Constable of the Merseyside Police | 10 |
| Issue: Whether a decision to restrict a police officer’s duties should be quashed on the grounds of procedural unfairness or breach of a legitimate expectation | |
| Stunt v Commissioner of Police of the Metropolis | 16 |
| Issue: Whether an officer who suffered a stress-related illness as a result of disciplinary proceedings had sustained an injury in the execution of his duty | |
| Henderson v Chief Constable of Cleveland Constabulary | 24 |
| Issue: Whether it was an unlawful exercise of discretion to delay executing an arrest warrant until 5pm on a Saturday when the Magistrates’ Court was not open until the following Monday | |
| Russell, McNamee, and McCotter v Home Office | 29 |
| Issue: Whether the claimants had been assaulted after an escape attempt had been foiled; whether aggravated or exemplary damages were appropriate | |
| Jones v Greater Manchester Police Authority | 58 |
| Issue: Whether proceedings that led to a sex offender order were civil or criminal and whether there had been a breach of Art 8 of the Convention | |
| R (Thompson) v Chief Constable of Northumbria Constabulary | 61 |
| Issue: Whether it was lawful to refuse access to a police station to a suspended police officer who was acting as a solicitor’s representative | |
| Tomlinson and another v Chief Constable of Hertfordshire | 66 |
| Issue: Whether a judge had been entitled to dismiss a claim for false imprisonment without leaving any questions to the jury | |
| L and P v Reading Borough Council and the Chief Constable of the Thames Valley Police | 72 |
| Issue: Whether a duty of care was arguably owed to a suspect in a child abuse investigation | |
| Costello v Chief Constable of Derbyshire | 83 |
| Issue: Whether the police were obliged to return stolen property to the person from whom it had been seized | |
| Balchin v Chief Constable of Hampshire Constabulary | 92 |
| Issue: Whether a Judge had been entitled to rule that an arrest was lawful without leaving relevant disputed issues of fact to the jury | |
| Ogle v Chief Constable of the Thames Valley Police | 96 |
| Issue: Whether damages could be recovered under the Data Protection Act 1984 for an arrest based on erroneous computerised information when an earlier claim for false imprisonment had been compromised | |
| Alexander v Arts Council for Wales and another | 100 |
| Issue: Whether the judge had been entitled to give judgment for the defendants in a defamation trial without leaving the issue of malice to the jury | |
| R (Morgan) v Chief Constable of South Wales Police | 112 |
| Issue: Whether the withdrawal of a qualification for promotion to Chief Inspector on the grounds that there were concerns about the officer’s judgment should be overturned | |
| Purchase v Chief Constable of the Thames Valley Police | 116 |
| Issue: Whether a jury’s answers were mutually inconsistent; the appropriate order for costs where a claimant succeeds on part of his claim but fails on those parts that entitled him to a jury | |
| Maguire v Chief Constable of Cumbria Constabulary | 119 |
| Issue: Whether a ruling that an arrest for breach of the peace was lawful could stand where the issue of the reasonableness of the officer’s belief that arrest was necessary had not been addressed | |
| Orange v Chief Constable of West Yorkshire Police | 126 |
| Issue: Whether there was a negligent failure to prevent a drunken detainee from committing suicide | |
| R (Bennion) v Chief Constable of Merseyside Police | 134 |
| Issue: Whether a Chief Constable could hear disciplinary charges where he was a party to Employment Tribunal proceedings which concerned the same background as the disciplinary charges | |
| Carnduff v Inspector Rock and another | 142 |
| Issue: Whether a police informant could bring proceedings for breach of contract | |
| Mullaney v Chief Constable of West Midlands Police | 150 |
| Issue: Whether police officers owe a duty of care to one another; whether a chief officer of police owes a duty of care to his officers; the nature and extent of those duties | |
| Scutts v Commissioner of Police of the Metropolis and another | 169 |
| Issue: The duty of care owed by the driver of an emergency vehicle sounding its siren and showing its lights | |
| R (1. Whitehead and 2. Daglish) v Chief Constable of Avon and Somerset | 174 |
| Issue: Whether disciplinary proceedings could be brought when equivalent criminal proceedings had been stayed, whether Art 6 of the Convention applies to disciplinary proceedings and whether the disciplinary proceedings should have been dismissed on the grounds of delay | |
| Kuddus v Chief Constable of Leicestershre Constabulary | 181 |
| Issue: Whether exemplary damages are available in a claim for misfeasance in public office | |
| R (Chief Constable of Northamptonshire Police) v Daventry Justices | 204 |
| Issue: Whether costs should have been awarded against the Chief Constable in proceedings under the Police (Property) Act 1897 under which he asked the justices to determine to whom property should be returned | |
| Hardaker v Newcastle Health Authority and the Chief Constable of Northumbria | 208 |
| Issue: Whether the police were liable in negligence for their management of a decompression chamber | |
| Matin v Commissioner of Police for the Metropolis | 219 |
| Issue: Whether a claim for false imprisonment should have been struck out where there was a challenge to the arresting officer’s exercise of discretion to arrest | |
| Igwemma v Chief Constable of Greater Manchester Police | 225 |
| Issue: Whether a jury verdict could be amended after the jury had been discharged | |
| DPP v Ara | 235 |
| Issue: Whether Justices were entitled to dismiss proceedings as an abuse of the process when police officers had refused to give disclosure to a solicitor so that advice could be given on whether to accept a caution | |
| Clarke v Bournville Garage Ltd and Chief Constable of West Midlands Police | 239 |
| Issue: Whether a constable was entitled to seize a motor car under the Removal and Disposal of Vehicles Regulations 1986 when it appeared to have been stolen and abandoned by the thief | |
| Brown v South Yorkshire Police Authority | 241 |
| Issue: Whether an officer continues to be entitled to transitional rent allowance on re-marriage | |
| Price v UK | 245 |
| Issue: Whether the conditions of detention of a disabled prisoner breached Art 3 European Convention | |
| McGrath v Chief Constable of Royal Ulster Constabulary | 251 |
| Issue: Whether an arrest based upon a warrant that had been wrongly issued in the arrested person’s name was lawful | |
| McQuade v Chief Constable of Humberside Police | 257 |
| Issue: Whether a “public element” to a disturbance was required before an arrest for breach of the peace would be lawful | |
| R (M and Leon La Rose) v Commissioner of Police for the Metropolis | 264 |
| Issue: Whether a failure to provide a consultation room at a police station for a solicitor to speak to his client amounted to a breach of Art 6(3) of the Convention | |
| Khalil v Metropolitan Police Commissioner | 273 |
| Issue: Whether Employment Tribunal proceedings should have been adjourned pending the resolution of related disciplinary proceedings | |
| Isaac v Chief Constable for the West Midlands Police | 280 |
| Issue: Whether a jury’s answers were inconsistent and whether an award of aggravated damages should always be made when an award of exemplary damages has been made | |
| Mills v Ministry of Agriculture, Fisheries and Food | 285 |
| Issue: Whether summary judgment should have been given in the defendant’s favour on a malicious prosecution claim where the charges were bad in law but where this involved complex issues of EC law | |
| Vellino v Chief Constable of Greater Manchester | 295 |
| Issue: Whether the police are liable in negligence for injuries sustained in the course of an escape attempt | |
| Surrey Police Authority v Beckett | 305 |
| Issue: Whether an Assistant Chief Constable could be disciplined after the expiry of his appointment | |
| Phillips v Strathclyde Joint Police Board | 309 |
| Issue: Whether a medical referee’s decision that stress related illness was not sustained in the execution of an officer’s duty because the officer had not been subjected to anything “out of the ordinary” should be quashed | |
| Donnelly v Chief Constable of Lincolnshire and others | 313 |
| Issue: Whether a claim in negligence and breach of contract brought by an informant who alleged he had not received adequate protection should succeed | |
| PG and JH v UK | 325 |
| Issue: Whether the use of covert listening devices, information obtained from BT and the prosecution’s reliance on public interest immunity breached Arts 6, 8 and 13 of the Convention | |
| R (Metropolitan Police Authority) v Medical Referee (Dr Julian Bird) | 342 |
| Issue: Whether a medical referee determining an appeal against a decision that an officer was not disabled from performing the ordinary duties of a member of the police force should consider the position at the date of the appeal or at the date of the original decision | |
| Thomas and another v Chief Constable of Cleveland | 347 |
| Issue: Whether a claim in misfeasance can succeed without a finding that the defendant acted in bad faith | |
| Cockram v Metropolitan Police Commissioner | 352 |
| Issue: Whether it was negligent not to provide more than one crash mat during officers’ arrest and restraint training | |
| DPP v Avery | 354 |
| Issue: Whether a requirement to remove a mask pursuant to the Criminal Justice and Public Order Act 1994 amounts to a search such that the provisions of s2 of the Police and Criminal Evidence Act 1984 must be complied with | |
| Watson v Chief Constable of Cleveland Police | 359 |
| Issue: Whether the Judge had been entitled to refuse permission to cross-examine on all previous convictions, and whether an award of exemplary damages which was 4 times the basic award should be reduced | |
| Robinson and Mohon v Northumbria Police Authority and Chief Constable of Northumbria Police | 365 |
| Issue: Whether it was negligent not to use strengthened glass for the windscreens of police cars | |
| Brindle v Commissioner of Police of the Metropolis | 369 |
| Issue: Whether police had been negligent in failing to prevent a shooting that they had been warned would happen | |
| O’Hara v UK | 376 |
| Issue: Whether an arrest carried out on the basis of information given at a briefing amounted to a breach of Art 5 of the Convention when little information about the briefing had been given | |
| Brennan v UK | 387 |
| Issue: Whether there had been a breach of Art 6 of the Convention on the basis of the police delaying access to a solicitor and sitting in on a solicitor-client interview | |
| Kelly v Chief Constable of South Yorkshire Police | 399 |
| Issue: Whether K was entitled to recover damages for injuries sustained whilst she was being restrained in a police car that suddenly braked | |
| Rowntree v Commissioner of Police of the Metropolis | 404 |
| Issue: Whether a child protection officer’s stress-related illness was attributable to a negligent system of work. | |
| Shackleton v Chief Constable of Lancashire Police | 420 |
| Issue: Whether an arrest for driving while disqualified was lawful when an officer had seen a person driving a car and, later, jogging away from the car | |
| Cowan v Chief Constable of Avon and Somerset Constabulary | 425 |
| Issue: Whether officers can be liable in negligence for failing to prevent an unlawful eviction | |
| Fuller and others v Chief Constable of Dorset Constabulary and another | 434 |
| Issue: Whether s61 Criminal Justice and Public Order Act 1994 was incompatible with the European Convention on Human Rights; whether a notice issued under that section was invalid on the facts | |
| R (Bhoti) v Home Secretary (Administrative Court) | 446 |
| Issue: Whether the criminal standard of proof applied to factors relevant to penalty as well as the substantive charges in disciplinary proceedings under the Police (Discipline) Regulations 1985 | |
| R (Bhoti) v Home Secretary (Court of Appeal) | 453 |
| Issue: Whether the criminal standard of proof applied to factors relevant to penalty as well as the substantive charges in disciplinary proceedings under the Police (Discipline) Regulations 1985 | |
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