Wayne Leighton v Chief Constable Of North Yorkshire Police

Wayne Leighton v Chief Constable Of North Yorkshire Police

The application for permission to appeal was refused because the Recorder's findings on all issues were adequately reasoned, supported by the evidence, and free from material error of law or fact. The applicant failed to demonstrate any real prospect of success or compelling reason for appeal. The Recorder was entitled to accept the evidence of the police officers and decision makers, found no malice or improper motive, and correctly applied the relevant legal principles.

Parties
Applicant/claimant: Wayne Leighton; Respondent/defendant: Chief Constable of North Yorkshire Police
Jurisdiction
England and Wales
Judgment Date
24 September 2024
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
False Imprisonment, Malicious Prosecution, Misfeasance in Public Office, Trespass to Goods, Harassment, European Convention on Human Rights, Police Powers, Procedural Fairness
Tort Law Human Rights Law Criminal Procedure False Imprisonment Malicious Prosecution Misfeasance in Public Office Trespass to Goods Harassment +3 more

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Parties

Wayne Leighton

Applicant/claimant

Chief Constable of North Yorkshire Police

Respondent/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claimant was falsely imprisoned on 11 October 2014
  2. 2 Whether the claimant proved trespass or conversion on 11 October 2014
  3. 3 Whether the claimant proved malicious prosecution for incidents on 11 and 29 October 2014

Ratio Decidendi

The application for permission to appeal was refused because the Recorder's findings on all issues were adequately reasoned, supported by the evidence, and free from material error of law or fact. The applicant failed to demonstrate any real prospect of success or compelling reason for appeal. The Recorder was entitled to accept the evidence of the police officers and decision makers, found no malice or improper motive, and correctly applied the relevant legal principles.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused
  • Costs order of trial court stands (claimant to bear 85% of trial costs)