HNK Solicitors obtain £62,000 for Client in A Civil Claim Against The Chief Constable of West Midlands Police

HNK Solicitors successfully obtained £62,000 in damages and legal costs for a client against the Chief Constable of West Midlands Police for false arrest and imprisonment, trespass to person and assault and battery.

Our client, “T”, was arrested by West Midlands Police and unlawfully detained. Instead of accepting their unlawful conduct, they continued to unreasonably dispute the case for 6 years, despite their very weak defence. This resulted in them having to pay out far more in compensation and legal fees, despite repeated attempts to settle the claim.

If you are wrongfully arrested by a police officer, this can be classed as false arrest and any detainment can be classed as false imprisonment. A wrongful arrest can occur when a police officer fails to adhere to The Police and Criminal Evidence Act “PACE”. According to this, an arrest can be made if there is “reasonable ground to suspect” that a person is involved in or suspected of committing or being involved in a crime. Wrongful arrest also includes instances when enquiries could have been made without the need to detain a person.

If you have been mistreated by police you could be entitled to compensation. It’s important to understand you do not have to accept poor police conduct and there are ways you can seek redress for your mistreatment. This case shows that you can fight and get the compensation you deserve, no matter how long it takes. Read on to find out more about this case and how HNK Solicitors can help support you in your claim.

Background of the case

On 14th October 2017, T was outside a nightclub in Birmingham. The Defendant’s officers approached T, took hold of his arms and handcuffed him to the rear. T was arrested for being drunk and disorderly, and was searched for drugs, however, the search was negative. After around 30 minutes, the handcuffs were removed and T was de-arrested.

The Civil Case for Damages

The Claimant instructed HNK Solicitors in December 2017, to represent him against The Chief Constable of West Midlands Police.  A Letter of Claim was served on the Defendant, claiming damages for false arrest and imprisonment, trespass to the person and assault and battery.

The Defendant denied liability to the claim on the basis that the Claimant was lawfully arrested, detained and handcuffed to the rear.

Despite many efforts by our client’s lawyer, Vivien Lee, the Defendant failed to engage in settlement negotiations, resulting in court proceedings being issued.

The Claimant pleaded the following:

• The Defendant did not have reasonable grounds for suspecting the Claimant had committed an offence as required by section 24 (1) of the Police and Criminal Evidence Act 1984 (“PACE”).
• The Defendant did not have reasonable grounds for believing the arrest was necessary for any of the reasons set out in section 24 (5) PACE.
• The search of the Claimant’s person was unlawful and constituted a trespass to the person.
• The force used against the Claimant was unreasonable and unlawful.

The Defendant filed a Defence, denying the claim on the basis that:

• The Claimant was lawfully arrested under section 91 of the Criminal Justice Act 1967 and section 24 of the Police and Criminal Evidence Act 1984.
• The force used when detaining the Claimant, including the use of handcuffs was reasonable and lawful.

The matter was listed as a Costs and Case Management (‘CCMC’) Hearing. The Defendant filed their costs budget late and failed to make an application for relief from sanctions.

At the CCMC, the Defendant made an oral application for relief from sanctions on the basis that the delay was due to an administration error.

The Court found that the Defendant’s breach was serious and significant and accepted the submissions made on behalf of the Claimant, that the Defendant had no good reason for the breach and is a state body, which knows the rules all too well. The Court found that the Defendant had no excuse for not knowing the rules and the consequences that would follow. 

The Court refused the Defendant’s application for relief from sanctions and the consequences of CPR Rule 3.14 applied: “Unless the court otherwise orders, any party which fails to file a budget despite being required to do so will be treated as having filed a budget comprising only the appliable court fees”.

Following the exchange of witness evidence, despite the Claimant filing medical evidence in support of his injuries, the Defendant made an application to obtain their own expert evidence. This was granted by the Court.

The Defendant was given permission to ask Part 35 questions to the experts however failed to do so and instead, chose to obtain their own expert evidence, incurring further costs.

Despite repeated efforts by HNK’s lawyers to settle at various stages, pre-issue, post-ccmc, and post-witness evidence, the Defendant failed to engage.

It was only after the Defendant filed their own medical evidence and the parties instructed the experts to provide a joint statement of issues, that they agreed to enter settlement negotiations.

Outcome

Before the matter was listed for trial, the Defendant entered into settlement negotiations, without any formal admission of liability. A settlement for damages and legal costs was agreed between the parties at £62,000.

Thoughts on the Case

Our client was assaulted and detained unlawfully by the police. Instead of accepting their unlawful conduct and settling the Claimant’s claim for damages, they decided to unreasonably dispute the case, with a very weak defence.

Despite repeated attempts to settle the claim at a very early stage, the Defendant refused to engage, denied liability and continued to defend the case for over 6 years. As a result, the public purse has had to pay out much more in compensation and legal fees. 

HNK Solicitors can help with your actions against the police claim

If you have suffered police misconduct such as unlawful arrest, you could be entitled to claim compensation. HNK Solicitors have a team of expert action against police solicitors who have many years of experience helping clients claim compensation after they’ve suffered misconduct by the police. To find out more, visit our civil actions against the police page.

Get in touch with our team today on 0151 668 0816 or drop us an email at enquiries@hnksolicitors.com. Alternatively, you can fill in our online enquiry form and a member of our team will be in touch to discuss your claim further.