Category: trespass to the person

Street preaching and human rights: Overd & Ors – Law & Religion UK

Posted December 9th, 2021 in false imprisonment, human rights, news, public order, religiously aggravated offences, trespass to the person, wrongful arrest by sally

‘In Overd & Ors v The Chief Constable of Avon and Somerset Constabulary [2021] EWHC 3100 (QB), the appellants, Michael Overd, Michael Stockwell Don Karns and Adrian Clark, four evangelical Christians, were arrested at Broadmead shopping centre in Bristol on 6 July 2016 after complaints from members of the public that their street preaching was racist and anti-Islamic and was causing a disturbance. Mr Overd was arrested on suspicion of an offence under s 50 Police Reform Act 2002 and the other three were arrested on suspicion of a racially-aggravated offence under s 5 Public Order Act 1986. They were detained before being released on bail and, ultimately, prosecuted under s 5 of the 1986 Act, but the prosecutions failed.’

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Law & Religion UK, 8th December 2021

Source: lawandreligionuk.com

If an Englishman’s home is his castle, his clothes are his suit of armour – UK Police Law Blog

Posted October 15th, 2020 in alcohol abuse, detention, drunk and disorderly, human rights, news, police, trespass to the person by tracey

‘Pile v Chief Constable of Merseyside Police [2020] EWHC 2472 (QB) concerned what many might consider to be the tail end of just another good night out. The claimant got into a taxi on 22 April 2017, in an advanced state of intoxication, and the taxi driver rang 999 to report that she had started abusing him and “kicking off”. She vomited all over herself and over the back of the taxi. Officers responding to this unfortunate misunderstanding found her covered in vomit, including in her hair. They arrested her for the offence of being drunk and disorderly. At the police station, Ms Pile was flailing her arms with the attention of striking the officers accompanying her. She later accepted a £60 fixed penalty notice as an alternative to being prosecuted. For many, the story would have ended there…’

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UK Police Law Blog, 14th October 2020

Source: ukpolicelawblog.com

The long arm of the law: Belhaj and Rahmatullah (No.1) – UK Human Rights Blog

Posted January 20th, 2017 in false imprisonment, human rights, Libya, news, rendition, state immunity, Supreme Court, torture, trespass to the person by sally

‘This blog is the first covering the series of three important judgments given on Tuesday by the Supreme Court on issues arising out of the War on Terror and the United Kingdom’s interventions in Iraq and Afghanistan. Belhaj and another v Straw and others) and Rahmatullah (No 1) v Ministry of Defence and another [2017] UKSC 3 involved the alleged complicity of United Kingdom officials in allegedly tortious acts of the UK or other states overseas. The torts alleged include unlawful detention and rendition, torture or cruel and inhuman treatment and assault.’

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UK Human Rights Blog, 20th January 2017

Source: www.ukhumanrightsblog.com

Angela Patrick: Blushes and Torture: Act of State Doctrine and Justiciability – UK Constitutional Law Association

Posted January 20th, 2017 in false imprisonment, human rights, Libya, news, rendition, state immunity, Supreme Court, torture, trespass to the person by sally

‘In a week when Supreme Court watchers expected to dissect the Brexit judgment, the Justices instead handed down their long awaited decision in the joined cases of Belhaj & Ors v Straw & Ors; Rahmatullah (No 1) v Ministry of Defence & Ors [2017] UKSC 3. These appeals both involved unsuccessful attempts to strike out claims based on allegations of UK complicity in international wrongs – including torture and rendition and arbitrary detention – on the basis that our domestic courts should not exercise their jurisdiction in either case.’

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UK Constitutional Law Association, 19th January 2017

Source: www.ukconstitutionallaw.org

Rendition to Libya an “act of state” and therefore non-justiciable – UK Human Rights Blog

Posted January 15th, 2014 in conspiracy, damages, Libya, misfeasance in public office, negligence, news, rendition, state immunity, trespass to the person by tracey

‘Belhaj and another v Straw and Others [2013] EWHC 4111 (QB) 20 December 2013. The High Court has struck out claims against British establishment defendants for “unlawful rendition”. The doctrine of immunity attaching to an act of state is total bar to that such claims and is not limited by the gravity of the alleged violation of rights.’

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UK Human Rights Blog, 14th January 2014

Source: www.ukhumanrightsblog.com

Abdel Hakim Belhaj torture case may be heard in secret court – The Guardian

Posted May 22nd, 2013 in closed material, false imprisonment, human rights, international law, misfeasance in public office, negligence, news, rendition, torture, trespass to the person by sally

“One of the first cases to be heard by the government’s new generation of secret courts may be a claim brought by a Libyan dissident who was kidnapped along with his pregnant wife and flown to one of Muammar Gaddafi’s prisons.”

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The Guardian, 21st May 2013

Source: www.guardian.co.uk

Met police loses bid to overturn award to autistic teenager – The Guardian

Posted February 15th, 2013 in appeals, assault, autism, damages, disabled persons, false imprisonment, news, police, restraint, trespass to the person by sally

“The court of appeal has rejected an attempt by the Metropolitan police commissioner Sir Bernard Hogan-Howe to overturn an award of £28,250 in damages to a severely autistic teenager who was put in handcuffs and leg restraints and held in a police van after jumping into a swimming pool.”

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The Guardian, 14th February 2013

Source: www.guardian.co.uk

Drug charity director sues after he is wrongly targeted by sniffer dogs – Daily Telegraph

Posted August 4th, 2009 in dogs, drug offences, news, stop and search, trespass to the person by sally

“A drugs charity director is suing British Transport Police after he was wrongly targeted by sniffer dogs at an Underground station.”

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Daily Telegraph, 4th August 2009

Source: www.telegraph.co.uk

Adorian v Commissioner of Police of the Metropolis – Times Law Reports

Posted February 23rd, 2009 in criminal procedure, news, trespass to the person by sally

Adorian v Commissioner of Police of the Metropolis

Court of Appeal

“The requirement in section 329 of the Criminal Justice Act 2003 that the court’s permission had to be obtained before a convicted offender could bring civil proceedings for trespass to the person was procedural and directory. Where such proceedings were brought without permission, the defect could be cured on application to the court.”

The Times,23rd February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Adorian v Commissioner of Police of the Metropolis – WLR Daily

Posted January 28th, 2009 in criminal procedure, law reports, trespass to the person by sally

Adorian v Commissioner of Police of the Metropolis [2009] EWCA Civ 18; WLR (D) 23

“The requirement of s 329(2) of the Criminal Justice Act 2003, that the court’s permission be obtained to bring civil proceedings for trespass to the person where the claimant had been convicted of an imprisonable offence committed on the same occasion as the alleged tort, was procedural and directory, and therefore proceedings brought without such permission were not void but could be cured on application to the court.”

WLR Daily, 26th January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Adorian v Commissioner of Police of the Metropolis – WLR Daily

Posted May 22nd, 2008 in law reports, personal injuries, police, time limits, trespass to the person by sally

Adorian v Commissioner of Police of the Metropolis [2008] EWHC 1081 (QB); [2008] WLR (D) 158

“Civil proceedings for trespass to the person commenced by a claimant who has been convicted in the United Kingdom of an imprisonable offence, committed on the same occasion as the alleged trespass, are not rendered a nullity by the claimant’s failure to seek the prior permission of the court as required by s 329(2) of the Criminal Justice Act 2003.”

WLR Daily, 21st May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully repoted in one of the ICLR series the corresponding WLR Daily summary is removed