Parker v The Chief Constable of Essex Police

Parker v The Chief Constable of Essex Police

Where a claimant would have been lawfully arrested and detained had the police followed the correct procedure, only nominal damages are recoverable for false imprisonment, even if the actual arrest was unlawful due to a procedural defect. The proper counterfactual is what would have happened had the officers acted lawfully, not merely what did happen.

Parties
Appellant/claimant: Michael Ciaran Parker; Respondent/defendant: Chief Constable of Essex Police
Jurisdiction
England and Wales
Judgment Date
11 December 2018
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed. Declaration that Mr Parker is entitled to nominal damages only.
Legal Topics
False Imprisonment, Damages, Lawful Arrest, Police Powers, Nominal Damages
Tort Law Police Law Civil Procedure False Imprisonment Damages Lawful Arrest Police Powers Nominal Damages

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Parties

Michael Ciaran Parker

Appellant/claimant

Chief Constable of Essex Police

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the claimant is entitled to substantial or only nominal damages for false imprisonment following an unlawful arrest by a police officer who lacked the requisite state of mind under s.24 of the Police and Criminal Evidence Act 1984 (PACE).
  2. 2 Whether, had the arrest been effected lawfully by a properly briefed officer, the claimant would have been lawfully detained, thereby limiting damages to nominal.

Ratio Decidendi

Where a claimant would have been lawfully arrested and detained had the police followed the correct procedure, only nominal damages are recoverable for false imprisonment, even if the actual arrest was unlawful due to a procedural defect. The proper counterfactual is what would have happened had the officers acted lawfully, not merely what did happen.

Court Disposition

Appeal allowed. Declaration that Mr Parker is entitled to nominal damages only.

Orders

  • Mr Parker is entitled to nominal damages only for false imprisonment.