Source: All England Reporter
Publisher Citation: [2001] All ER (D) 46 (Apr)
Court: Court of Appeal, Civil Division
Judge:

Henry, Hale and Latham LJJ

Representation Geoffrey Weddell (instructed by the Hampshire County Council ) for the police.
  Michael O'Neill (instructed by Coffin Mew & Clover ) for B.
Judgment Dates: 5 April 2001

Catchwords

False imprisonment - Arrest without warrant - Arrest on suspicion - Judge deciding issue of whether reasonable grounds for arrest against police without leaving disputed factual issues to the jury - Whether judge in error.

The Case

On the facts of the instant case in which the claimant claimed damages for false imprisonment action, the judge had had no jurisdiction to make the adverse factual findings against the police and should have left the disputed factual issues for the jury to decide.

Practice Areas

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