Parker v The Chief Constable of Essex Police [2018] EWCA Civ 2788 (11 December 2018)

Parker v The Chief Constable of Essex Police [2018] EWCA Civ 2788 (11 December 2018)

The Court held that Mr Parker was entitled to substantial damages for false imprisonment because, on the evidence, had the unlawful arrest by P.C. Cootes not occurred, another officer present would have arrested him without the requisite state of mind or briefing, resulting in another unlawful arrest. There was no evidence that a lawful arrest would have occurred in the counterfactual scenario, so nominal damages were not appropriate.

Citation
[2018] EWCA Civ 2788
Parties
Respondent/claimant: Michael Ciaran Parker; Appellant/defendant: The Chief Constable of Essex Police
Jurisdiction
England and Wales
Judgment Date
11 December 2018
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court (queen's Bench Division)
Outcome
Appeal dismissed; claimant entitled to substantial damages for false imprisonment.
Legal Topics
False Imprisonment, Unlawful Arrest, Damages, Police Powers, Counterfactual Analysis, Compensatory Damages
Tort Law Police Law Civil Procedure False Imprisonment Unlawful Arrest Damages Police Powers Counterfactual Analysis +1 more

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Parties

Michael Ciaran Parker

Respondent/claimant

The Chief Constable of Essex Police

Appellant/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court (queen's Bench Division)

Legal Issues

  1. 1 Whether the claimant was entitled to substantial or nominal damages for false imprisonment following an unlawful arrest
  2. 2 Whether the correct counterfactual for damages is what would have happened had the police acted lawfully
  3. 3 Whether the arrest could and would have been lawfully effected by another officer

Ratio Decidendi

The Court held that Mr Parker was entitled to substantial damages for false imprisonment because, on the evidence, had the unlawful arrest by P.C. Cootes not occurred, another officer present would have arrested him without the requisite state of mind or briefing, resulting in another unlawful arrest. There was no evidence that a lawful arrest would have occurred in the counterfactual scenario, so nominal damages were not appropriate.

Court Disposition

Appeal dismissed; claimant entitled to substantial damages for false imprisonment.

Orders

  • The appeal by the Chief Constable of Essex Police is dismissed.
  • Mr Parker is entitled to substantial, not nominal, damages for false imprisonment.