Lawrence v O'Byrne [2002] EWCA Civ 80 (24 January 2002)

Lawrence v O'Byrne [2002] EWCA Civ 80 (24 January 2002)

There is no estoppel or abuse of process preventing the defendant from contesting the lawfulness of the arrest in civil proceedings, and the defence has a reasonable prospect of success; therefore, the application for permission to appeal is dismissed.

Citation
[2002] EWCA Civ 80
Parties
Claimant/applicant: Steven Keith Alan Lawrence; Defendant/respondent: Michael O'Byrne
Jurisdiction
England and Wales
Judgment Date
24 January 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application dismissed
Legal Topics
Estoppel, Abuse of Process, Lawfulness of Arrest, Summary Judgment, Police Misconduct
Civil Procedure Tort Law Estoppel Abuse of Process Lawfulness of Arrest Summary Judgment Police Misconduct

Case Brief

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Parties

Steven Keith Alan Lawrence

Claimant/applicant

Michael O'Byrne

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the defendant is estopped from contesting the lawfulness of the arrest due to the Crown Court's decision
  2. 2 Whether allowing the defendant to contest the lawfulness of the arrest constitutes an abuse of process
  3. 3 Whether the defendant has a reasonable prospect of defending the claim under CPR Part 24

Ratio Decidendi

There is no estoppel or abuse of process preventing the defendant from contesting the lawfulness of the arrest in civil proceedings, and the defence has a reasonable prospect of success; therefore, the application for permission to appeal is dismissed.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal dismissed