2009
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Cases Reported |
| Armstrong v Chief Constable of West Yorkshire Police | 1 |
| Issue: Whether there had been reasonable grounds to arrest for rape given that the description did not completely match and the police had not carried out any further investigation | |
| Roberts v Chief Constable of Kent | 8 |
| Issue: Whether it had been lawful to set a police dog after a drunken man who was running away from an officer trying to administer a breath test. | |
| Ashley v Chief Constable of Sussex (Disclosure No 1) | 12 |
| Issue: Whether the Chief Constable was entitled to grant inspection of documentation which impacted on the privacy rights of third parties | |
| Ashley v Chief Constable of Sussex (Disclosure No 2) | 15 |
| Issue: Whether, in a claim for battery arising out of a fatal shooting by an officer, there should be disclosure of documents which suggested that information provided to the officer had been false as a result of negligence or other wrongdoing on the part of other officers | |
| Chief Constable of the Greater Manchester Police v Wigan Athletic AFC Ltd | 18 |
| Issue: Whether a football club was liable to play certain of the costs of providing policing for football matches | |
| R (Saunders) v (1) Independent Police Complaints Commission, (2) Commissioner of Police of the Metropolis, Interested Party: The Police Federation | 32 |
| Issue: Whether an appeal should proceed, even though it was academic, so that the legality of officers conferring after a shooting and before providing their accounts of events could be tested | |
| Orton v (1) Truro Crown Court (2) West Cornwall Magistrates’ Court (Devon and Cornwall Constabulary as Interested Party) | 36 |
| Issue: Whether the Magistrates’ Court and the Crown Court had erred in failing to make an order for costs in favour of a successful respondent to an application for forfeiture of cash under the Proceeds of Crime Act 2002 | |
| Adorian v Commissioner of Police of the Metropolis | 38 |
| Issue: Whether a failure to obtain the court’s permission under s329 Criminal Justice Act 2003 to bring a claim for assault (in circumstances where the claimant had been convicted of an offence arising out of the same incident) rendered the proceedings a nullity; whether permission should have been given to bring the claim; costs. | |
| Merseyside Police Authority v Police Medical Appeal Board, (1) Kevin McGinty (2) John Hudson as Interested Parties | 46 |
| Issue: Whether officers (one of whom had been exercising his police dog whilst on leave, the other had suffered psychiatric injury following his treatment at work) had sustained their injuries in the execution of their duty | |
| Baker v CPS | 61 |
| Issue: Whether an officer, having entered premises in order to save life and limb, was entitled to search the occupant without having first explained his reasons | |
| Austin v Commissioner of Police of the Metropolis | 66 |
| 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 | |
| Khan v Chief Constable of Lancashire | 79 |
| Issue: Whether the Chief Constable had been entitled, pursuant to reg 13 Police Regulations 2003, to dispense with the services of a probationary constable who had videoed himself (in the presence of a friend) having intercourse with a woman | |
| R (Pollard) v Police Medical Appeal Board | 85 |
| Issue: Whether, when conducting a review of a pensioner’s disability pursuant to reg 37 Police Pensions Regulations 2006, the Medical Appeal Board was entitled to find that the injury was not sustained in the execution of duty | |
| Constable v Bedfordshire Police Authority | 90 |
| Issue: Whether liability under the Riot (Damages) Act 1886 fell within the ambit of the public liability section of a police authority’s insurance policy | |
| Alford v Chief Constable of Cambridgeshire Police | 98 |
| Issue: Whether the Chief Constable was liable for false imprisonment and malicious prosecution for an offence of causing death by dangerous driving because an expert report which had not been unduly critical of the driving and the report had been withheld from the arresting and charging officers | |
| Perinpanathan v City of Westminster Magistrates’ Court (Interested Parties: DC Sinclair, Commissioner of Police of the Metropolis) | 107 |
| Issue: Whether the Justices erred in not making a costs order in favour of a successful respondent to an application for forfeiture of cash | |
| McE v Prison Service of Northern Ireland and Secretary of State for Northern Ireland; C and A v Chief Constable of the Police Service of Northern Ireland; M v Chief Constable of the Police Service of Northern Ireland | 114 |
| Issue: Whether Part II Regulation of Investigatory Powers Act 2000 permits surveillance of communications that are subject to legal professional privilege | |
| R ((1) Police Federation of England and Wales, (2) Rennie, (3) Kitchen) v (1) Secretary of State for the Home Department, (2) Government Actuary’s Department | 135 |
| Issue: Whether, under reg B7(7) Police Pensions Regulations 1987, the Secretary of State was entitled to delay the date on which actuarial tables, used for calculating the lump sum payment payable on commutation of a police officer’s pension, came into effect | |
| London & South Eastern Railway Ltd and another v British Transport Police Authority | 157 |
| Issue: Whether the British Transport Police Authority were entitled to introduce a new model for charging train operating companies for policing services | |
| Newman v Commissioner of Police of the Metropolis | 168 |
| Issue: Whether, on an application for a football banning order, the Commissioner was entitled to rely on (a) hearsay evidence without providing the underlying source material and (b) a compilation of clips from CCTV footage without providing the unedited footage | |
| Commissioner of Police of the Metropolis v Information Commissioner | 176 |
| Issue: Whether the police were obliged, under the Freedom of Information Act 2000, to disclose information relating to informants from 100+ years ago | |
| Buckley and others v Chief Constable of the Thames Valley Police | 181 |
| Issue: Whether the arresting officer had, on the basis of information provided by other officers, reasonable grounds to suspect that 3 brothers had committed an offence | |
| Bates and Bates v (1) Chief Constable of the Avon and Somerset Police and (2) Bristol Magistrates’ Court | 186 |
| Issue: Whether a search warrant was invalid because (1) there were no reasonable grounds for believing that the material sought did not include legally privileged material and (2) there had not been full and frank disclosure to the justice who issued the warrant | |
| R (Ferriday) v Chief Constable of Gwent | 194 |
| Issue: Whether a decision to dispense with the services of a probationer officer under reg 13 Police Regulations 2003 had been flawed | |
| Wood v Commissioner of Police of the Metropolis | 203 |
| Issue: Whether it was a breach of Art 8 ECHR for the police to take photographs and try and establish the identity of a campaigner who, having purchased a share in a company that was linked to the arms trade, attended the AGM of the company | |
| R (Goodenough) v Independent Police Complaints Commission | 223 |
| Issue: Whether the IPCC’s decision not to direct disciplinary proceedings against police officers who had previously been acquitted of an offence of manslaughter was flawed on the grounds that (a) it had refused to provide members of the deceased’s family with the original investigation report which had resulted in the prosecution and (b) it had given undue weight to the acquittals | |
| Kerrie Francis Gray v Thames Trains Ltd and Network Rail | 229 |
| Issue: Whether a cause of action by a man suffering a mental disorder who committed a manslaughter was barred on public policy grounds | |
| B v (1) Reading Borough Council (2) Wokingham District Council (3) Thames Valley Police | 247 |
| Issue: Whether the police owed a duty of care to a suspected perpetrator of child abuse; whether the findings of a judge in family proceedings were binding in subsequent civil proceedings; whether the police were liable for misfeasance in respect of an investigation of alleged child abuse | |
| Armsden v Kent Police | 258 |
| Issue: Whether a police driver had negligently caused an accident whilst driving at high speed in response to an emergency call | |
| R (Power-Hynes) v (1) Norwich Magistrates’ Court and (2) Chief Constable of Norfolk | 264 |
| Issue: Whether a warrant to search an accountant’s office for documents relating to high value transactions was invalid for being too vague in not limiting the search to material which related to the particular clients who were being investigated | |
| R (Crosby) v Independent Police Complaints Commission | 270 |
| Issue: Whether the IPCC had erroneously upheld a police investigation of the management of a detainee who was at risk of self-harm or suicide | |
| R (Independent Police Complaints Commission) v Commissioner of Police of the Metropolis | 281 |
| Issue: Whether the IPCC had made a final determination not to bring disciplinary proceedings and, if not, whether the police should, 5 years after the events in question, be required to interview 2 officers and provide the outcome to the IPCC | |
| R (Kay) v Chief Constable of Northumbria Police | 290 |
| Issue: Whether a decision to dispense with the services of a probationary constable under reg 13 Police Regulations 2003 because of concerns that she had made a false insurance claim was unlawful on the grounds that the case should have been dealt with under the disciplinary procedures | |
| R (Turner) v Police Medical Appeal Board | 297 |
| Issue: Whether, when conducting a review of a pensioner’s disability pursuant to reg 37 Police (Injury Benefit) Regulations 2006, the Medical Appeal Board is entitled to alter an earlier assessment of causation | |
| R (David Gunn) v Secretary of State for Justice and Nottinghamshire Multi Agency Public Protection Arrangements Board | 300 |
| Issue: Whether licence conditions were proportionate and rational | |
| Faisaltex Ltd and others v (1) Chief Constable of Lancashire Constabulary (2) HM Revenue and Customs (Injunction) | 308 |
| Issue: Whether an injunction should be granted to prevent material that had been seized under a search warrant being accessed by the police pending a trial of a claim that excessive material (including material subject to legal professional privilege) had been taken | |
| Faisaltex Ltd and Others v (1) Chief Constable of Lancashire Constabulary (2) HM Revenue and Customs (Directions) | 318 |
| Issue: Whether the Court should amend a protocol governing the examination of seized material to weed out anything subject to legal professional privilege | |
| R (Verity) v Chief Constable of North Yorkshire | 322 |
| Issue: Whether it was lawful to dispense with the services of a probationary constable on the basis of events before he joined the police and which meant that there were restrictions on what he should be permitted to do | |
| Carter v CPS | 328 |
| Issue: Whether a conviction for a failure to comply with a direction under s30 Anti-Social Behaviour Act 2003 should be overturned because the prosecution had not proved the authorisation to give the direction | |
| R v Bannister | 332 |
| Issue: Whether it is relevant on a charge of dangerous driving that the accused is an experienced road traffic officer with advanced driving skills | |
| Desmond v Chief Constable of Nottinghamshire Police | 337 |
| Issue: Whether a duty of care was owed to a person when providing him with an enhanced criminal record certificate for the purpose of employment | |
| Craggy v Chief Constable of Cleveland Police | 349 |
| Issue: Whether a police driver was negligent for speeding across a junction, when the traffic lights were green in his favour and he was responding to an emergency call | |
| R (Herd) v Independent Police Complaints Commission | 353 |
| Issue: Whether the IPCC had been entitled to dismiss an appeal against the refusal to record a complaint on the grounds that it did not amount to a complaint within the meaning of s12 Police Reform Act 2002 | |
| Dansie v Commissioner of Police of the Metropolis | 359 |
| Issue: Whether a requirement that male trainee police officers’ hair should not be longer than shoulder length amounted to unlawful sex discrimination | |
| (1) Yarl’s Wood Immigration Ltd (2) GSL UK Ltd (3) Creechurch Dedicated Ltd v Bedfordshire Police Authority | 362 |
| Issue: Whether the authority responsible for an immigration detention centre can make a claim under the Riot (Damages) Act 1886 against the police in respect of damage to property in the centre caused during a riot by those detained in it | |
| Morrison v Independent Police Complaints Commission | 382 |
| Issue: Whether, where an arguable complaint is made that the police have used ill-treatment contrary to Art 3 ECHR against an arrestee, the IPCC is obliged to investigate the matter itself as opposed to directing the same police force to investigate the matter | |
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