HNK Solicitors have secured a settlement of £6,500 from The Chief Constable of Hampshire Constabulary on behalf of a client. The client, who will be referred to as P, received damages following an incident at her home address in April 2022.
This case shows that those who are mistreated by the police should consider seeking compensation. A civil action against the police claim can help the victim move past the incident and compensate for any financial losses or emotional damage caused. Read on to find out more about the case and how HNK Solicitors helped to gain our client the compensation they deserved.
The case
On 29th April 2022, the Claimant (P) was at her home address when five Hampshire Constabulary officers attended and pushed their way into her home. During this entry, they pushed P by her shoulders and all crowded around her. P was terrified as she had no idea why the officers were there. They told P they had a warrant, but they would not let her see a copy of this.
The officers handcuffed P and dragged her out of her property and into her front garden in her nightgown and handcuffs for all of her neighbours to see. P was told she was arrested for failure to attend court.
Luckily, P’s son came home and saw what was happening. He managed to see the warrant, which showed that P was not the person named on it, nor did the photograph of the person on the warrant look anything like P. He asked the officers to check again. The officers then realized that they had the wrong person, and they de-arrested P and left.
Had the officers actually checked the warrant and carried out their due diligence, they would never have arrested P. This was a deeply traumatic experience for P which caused her great humiliation and embarrassment. The force the officers used against P also left her with injuries to her wrists.
The law
The Police and Criminal Evidence Act 1984 (“PACE”) governs the correct procedures police officers have to follow to ensure their conduct is lawful and ensure that they carefully balance the rights of the individual against the powers of the police.
In addition to PACE powers, a warrant can also confer power of arrest, which will protect an officer under section 6 of the Constables Protection Act. The officer must comply with the terms of the warrant, and the warrant itself must not be substantially defective. The warrant must also be produced to the arrested person as soon as practicable.
The claim
P approached HNK Solicitors in May 2022 to act on her behalf in this matter. We accepted instructions on a no-win, no-fee basis, and the case was handled by Alexandra Nelmes, Trainee Solicitor.
Before approaching HNK, P had made a complaint to the Professional Standards Department. A Professional Standards Investigator apologised for the distress caused and confirmed it was “an area of learning for the officers”. To express their apology, they sent a card and a bunch of flowers to P.
HNK claimed damages for P against Hampshire Constabulary for:
- false arrest and imprisonment for the detention of P,
- assault and battery for the use of handcuffs on P,
- negligence for failure to check the details of the warrant before execution,
- personal injury for the injuries caused.
A letter of claim was served on the police force solicitors, which set out P’s claim, and also requested several pieces of documentation, which we required to properly advise our client. The police force solicitors responded by admitting liability and, again, expressing their apologies for the event.
The police force solicitors put forward an offer for settlement, however, this did not take into account the grave effects that the incident had caused P. So, we negotiated with the solicitors to secure a more appropriate amount.
After negotiation, P’s claim was settled in the sum of £6,500 in full and final settlement of her damages and legal costs.
HNK Solicitors can help with your civil action against the police claim
This case highlights that working with experienced actions against the police solicitors is essential when seeking compensation to ensure you get the full amount you’re entitled to. At HNK Solicitors, we have a team of experienced solicitors with a thorough understanding of the relevant law and regulations, which means they’ll offer the best possible support in seeking the compensation you deserve. They will also be able to offer advice on when to progress with a claim further or whether or not the amount offered in compensation is fair.
If you have been the victim of police misconduct and are considering making a civil action against the police claim, HNK Solicitors can help. We offer free consultations to discuss the details of your case, and if we think you could be entitled to claim compensation, we can take on your case on a no-win, no-fee basis.
To arrange your free consultation and get your action against the police claim started, you can fill in our online claim form, call us on 0151 271 5387 or send us an email at enquiries@hnksolicitors.com.
