2005
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Cases Reported |
| Borders (UK) Ltd and others v Commissioner of Police of the Metropolis and another | 1 |
| Issue: Whether an award of exemplary damages could be calculated by reference to profits made by the wrongdoer where confiscation proceedings were outstanding | |
| R (R) v Durham Constabulary | 8 |
| Issue: Whether it was unlawful to administer a final warning without obtaining informed consent | |
| X v Chief Constable of West Midlands Police | 24 |
| Issue: Whether the disclosure to a potential employer of information relating to X’s acquittal of offences of indecency was unlawful | |
| Wilding v Commissioner of Police of the Metropolis | 37 |
| Issue: Whether claims for malicious procurement of a search warrant, misfeasance, false imprisonment and breach of contract should be struck out because they were not included in the Claim Form, and whether a claim for the negligent conduct of a disciplinary investigation should be struck out because there was no relevant duty of care | |
| Ashley and others v Chief Constable of Sussex | 48 |
| 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 and whether there should be a strike out of claims in assault and misfeasance, negligence having been admitted | |
| R (Brehony) v Chief Constable of Greater Manchester Police | 62 |
| Issue: Whether the Chief Constable was entitled to impose particular conditions on a demonstration | |
| Austin and Saxby v Commissioner of Police of the Metropolis | 68 |
| Issue: Whether it was lawful to put a cordon around a group of protestors and others in Oxford Circus and detain them for 7 hours | |
| Brooks v Commissioner of Police of the Metropolis | 157 |
| Issue: Whether the police owe a duty of care to witnesses to, or victims of, a very serious crime | |
| Ward v Commissioner of Police of the Metropolis | 170 |
| Issue: Whether a magistrate is entitled to impose a condition that only named professionals are involved in the execution of a warrant issued under s135 Mental Health Act 1983 | |
| Seal v Chief Constable of South Wales Police | 177 |
| Issue: Whether a failure to obtain leave in accordance with s139 Mental Health Act 1983 before bringing proceedings in respect of acts purportedly done under the Act rendered the subsequent proceedings a nullity | |
| Chief Constable of Greater Manchester Police v Channel 5 Broadcast Ltd | 183 |
| Issue: Whether an injunction to prevent the broadcast of a documentary on the ground that it would prejudice a current police investigation should have been granted. | |
| R (Clare) v Independent Police Complaints Commission | 185 |
| Issue: Whether the decision of the Police Complaints Authority to grant a dispensation from the requirement to investigate a complaint should be quashed | |
| Chief Constable of West Yorkshire Police v Lincoln Crown Court | 199 |
| Issue: Whether a Judge sitting in the Crown Court had been entitled to make an order prohibiting anyone from listening to tapes of conversations that were subject to legal professional privilege | |
| R (W) v Commissioner of Police of the Metropolis and the London Borough of Richmond-upon-Thames | 202 |
| 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 (Guardian Newspapers Ltd) v Middlesex Crown Court | 208 |
| Issue: Whether a member of the IPCC’s staff could apply for a production order under Schedule 1 of PACE | |
| R v Fiak | 211 |
| Issue: Whether an officer was acting in the execution of her duty when, having a power to arrest, she detained a person to conduct a preliminary investigation into his account without saying in terms that he was under arrest, and whether flooding a cell and soaking a blanket amounted to criminal damage to the cell and blanket | |
| West Yorkshire Police Authority v Reading Festival Ltd | 216 |
| Issue: Whether the cost of policing a music festival could be recovered from the organisers | |
| R (Glendinning) v DPP | 229 |
| Issue: Whether the offence of obstruction of a police constable in the execution of his duty was committed when a warning was given of the presence of a speed trap when those warned were not exceeding the speed limit | |
| H v CPS | 232 |
| Issue: Whether a person is guilty of being disorderly whilst drunk if they only become disorderly after being arrested for that offence | |
| Barracks v Commissioner of Police of the Metropolis and another | 233 |
| Issue: Whether the Commissioner was entitled to refuse 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 | |
| Roche v Chief Constable of Greater Manchester Police | 243 |
| Issue: Whether, having rejected the police account that there had been a deliberate assault, the Judge should have dealt with the possibility that there had been reasonable grounds for suspecting a reckless assault, and whether the Court of Appeal could have regard to a second judgment given after the order had been perfected | |
| R (Chief Constable of West Mercia) v Boorman | 249 |
| Issue: Whether evidence could be adduced of events that occurred more than 6 months before an application for an Anti Social Behaviour Order | |
| KD v Chief Constable of Hampshire and John Hull | 253 |
| Issue: Whether the actions of a police officer in asking the mother of an alleged victim of rape detailed questions about her own sexual history and cuddling her when she became distressed amounted to battery and unlawful harassment, and whether the chief officer was entitled to an indemnity from the officer responsible | |
| Wood v Chief Constable of the West Midlands Police | 276 |
| Issue: Whether a communication by a police officer to insurers warning about the activities of a person suspected of involvement in stealing cars was covered by qualified privilege; whether the Judge had been entitled to allow an amendment, after the close of evidence, to add a cause of action in slander | |
| R (McGinley) v Dr Schilling and Metropolitan Police Authority | 290 |
| Issue: Whether a medical referee determining an appeal under Reg H2 Police Pensions Regulations 1987 decides the appeal at the date of the appeal, taking into account up-to-date evidence, or whether he is confined to reviewing the material that was before the selected medical practitioner | |
| DPP v L and N | 296 |
| Issue: Whether an authorisation under s30 Anti-Social Behaviour Act 2003 could be made in respect of several non contiguous zones and whether an officer could rely on his local knowledge as giving rise to reasonable grounds for believing that the presence of certain individuals would lead to members of the public being intimidated, harassed, alarmed or distressed | |
| Coudrat v Commissioners of Revenue and Customs | 301 |
| Issue: Whether the claimant had been falsely imprisoned and maliciously prosecuted | |
| R (Ashton) v Chief Constable of West Yorkshire | 313 |
| Issue: Whether a disciplinary investigation had been conducted in bad faith such that the suspension of the officers involved should be quashed and the notices of disciplinary investigation should also be quashed | |
| DPP v Wragg | 322 |
| Issue: Whether it was reasonable to conclude that a breach of the peace was imminent where the police had been called to a domestic argument, there had been a heated argument but no actual violence, and the defendant had ignored the police when they tried to speak to him and asked him to leave the house | |
| R (Haw) v Secretary of State for the Home Department and Commissioner of Police of the Metropolis | 325 |
| Issue: Whether the statutory prohibition of protests in the vicinity of Parliament applied to protests that had commenced before the Act came into force | |
| Chief Constables of West Yorkshire, South Yorkshire and North Wales Police v Information Commissioner | 337 |
| Issue: Whether conviction data that was many years old should be deleted from the Police National Computer | |
| Chief Constable of Merseyside Police v Daar | 376 |
| Issue: Whether civil proceedings for damages stemming from failed criminal proceedings were an abuse of process where a local authority had used the evidence from those failed proceedings to obtain an anti-social behaviour order | |
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