Fisher & Anoe v The Cumbria Constabulary [1997] EWCA Civ 2232 (29 July 1997)

Fisher & Anoe v The Cumbria Constabulary [1997] EWCA Civ 2232 (29 July 1997)

The judge was correct to find that DC Little had reasonable and probable cause to obtain the search warrant based on reliable information from a magistrate, despite superficial observations. The failure to leave a copy of the warrant was a procedural irregularity due to mere forgetfulness, rendering the entry a technical trespass but not justifying excessive damages. The jury's damages award was excessive and should be reduced to fair compensation for the trespass and aggravating circumstances.

Citation
[1997] EWCA Civ 2232
Parties
Plaintiff/respondent: Raymond Asley Fisher; Plaintiff/respondent: Nigel John Fisher; Defendant/appellant: The Chief Constable of the Cumbria Constabulary
Jurisdiction
England and Wales
Judgment Date
29 July 1997
Procedural Posture
Civil Appeal / Appeal From Carlisle County Court to Court of Appeal
Outcome
Appeal allowed in part; damages reduced; cross-appeal dismissed.
Legal Topics
Trespass, Malicious Process, Search Warrants, Damages, Police Powers, Procedural Irregularity
Tort Law Criminal Procedure Police Law Trespass Malicious Process Search Warrants Damages Police Powers +1 more

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Parties

Raymond Asley Fisher

Plaintiff/respondent

Nigel John Fisher

Plaintiff/respondent

The Chief Constable of the Cumbria Constabulary

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Carlisle County Court to Court of Appeal

Legal Issues

  1. 1 Whether DC Little had reasonable and probable cause to procure a search warrant for the plaintiffs' premises
  2. 2 Whether failure to leave a copy of the search warrant rendered the search unlawful
  3. 3 Appropriate measure of damages for unlawful search and failure to provide warrant copy

Ratio Decidendi

The judge was correct to find that DC Little had reasonable and probable cause to obtain the search warrant based on reliable information from a magistrate, despite superficial observations. The failure to leave a copy of the warrant was a procedural irregularity due to mere forgetfulness, rendering the entry a technical trespass but not justifying excessive damages. The jury's damages award was excessive and should be reduced to fair compensation for the trespass and aggravating circumstances.

Court Disposition

Appeal allowed in part; damages reduced; cross-appeal dismissed.

Orders

  • Damages award reduced to £1,250 in total (£750 for trespass, £500 for aggravating feature).
  • Counsel to supply Minute of Order as to costs.