Marsh v Chief Constable of Lancashire Constabulary

Marsh v Chief Constable of Lancashire Constabulary

The appeal was dismissed because the claimant's claims were factually unsustainable, barred by the defence of illegality as they relied on his own participation in a corrupt and criminal scheme, and there was no real prospect of success on any pleaded cause of action. The police owed no private law duty in the circumstances, and the only pleaded bad faith was against the corrupt officer, not the Chief Constable or other officers.

Parties
Appellant/claimant: Marsh; Respondent/defendant: Pauline Clare (Chief Constable of Lancashire Constabulary)
Jurisdiction
England and Wales
Judgment Date
06 March 2003
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Upholding Summary Judgment/strike Out of Claim
Outcome
Appeal dismissed; claim struck out
Legal Topics
Negligence, Misfeasance in Public Office, Vicarious Liability, Illegality (ex Turpi Causa), Wrongful Arrest, False Imprisonment, Summary Judgment, Duty of Care
Tort Law Police Law Civil Procedure Negligence Misfeasance in Public Office Vicarious Liability Illegality (ex Turpi Causa) Wrongful Arrest +3 more

Case Brief

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Parties

Marsh

Appellant/claimant

Pauline Clare (Chief Constable of Lancashire Constabulary)

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Upholding Summary Judgment/strike Out of Claim

Legal Issues

  1. 1 Whether the claimant's claims for damages for wrongful arrest, negligence, and misfeasance in public office had any real prospect of success
  2. 2 Whether the defence of illegality (ex turpi causa) barred the claims for damages related to corrupt or criminal conduct
  3. 3 Whether the police owed a private law duty of care to the claimant in the circumstances pleaded

Ratio Decidendi

The appeal was dismissed because the claimant's claims were factually unsustainable, barred by the defence of illegality as they relied on his own participation in a corrupt and criminal scheme, and there was no real prospect of success on any pleaded cause of action. The police owed no private law duty in the circumstances, and the only pleaded bad faith was against the corrupt officer, not the Chief Constable or other officers.

Court Disposition

Appeal dismissed; claim struck out

Orders

  • The appeal is dismissed and the entirety of the claimant's claim is struck out.
  • Costs of the appeal and the action to be paid by the claimant to the respondent, with detailed assessment on the standard basis.