Source: All England Reporter
Publisher Citation: [2003] All ER (D) 62 (Dec)
Court: Court of Appeal, Civil Division
Judge:

Auld, Hale and Dyson LJJ
Representation James Turner QC and Stephen Chippeck (instructed by Clarke Kiernan) for the claimant.
  Gerard Boyle (instructed by the Directorate of Legal Services, Metropolitan Police Service) for the defendant.
Judgment Dates: 3 December 2003

Catchwords

Police - Police officer - Powers - Arrest - Arrest warrant - False imprisonment - Claimant issuing proceedings for false imprisonment on basis arrest unlawful - Claimant alleging negligence in respect of medical treatment received in custody - Judge finding detention of claimant justified - Judge's handling of negligence claim at trial - Correctness of decision - s 38(1).

The Case

In a claim for false imprisonment and negligence in respect of the medical treatment received whilst in police custody, the judge had erred in finding that where the claimant had been unlawfully arrested, s38(1) of the had provided justification for the claimant's further detention, and in his handling of the negligence claim. The matter would therefore be remitted for retrial.

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