Maguire v Cumbria Constabulary [2001] EWCA Civ 619 (26 April 2001)

Maguire v Cumbria Constabulary [2001] EWCA Civ 619 (26 April 2001)

There was no evidence capable of supporting the conclusion that the officer had reasonable grounds to believe a breach of the peace was imminent; the claimant's behaviour did not justify arrest; the Recorder erred in law and the claimant is entitled to judgment for wrongful arrest and false imprisonment.

Source-derived case information.

Citation
[2001] EWCA Civ 619
Parties
Claimant/appellant: Kenneth Maguire; Defendant/respondent: Chief Constable of Cumbria Constabulary
Jurisdiction
England and Wales
Judgment Date
26 April 2001
Procedural Posture
Civil Appeal / Appeal From Carlisle County Court Judgment
Outcome
Appeal allowed
Legal Topics
Wrongful Arrest, False Imprisonment, Malicious Prosecution, Breach of the Peace
Tort Law Police Law Wrongful Arrest False Imprisonment Malicious Prosecution Breach of the Peace

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Parties

Kenneth Maguire

Claimant/appellant

Chief Constable of Cumbria Constabulary

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Carlisle County Court Judgment

Legal Issues

  1. 1 Whether the arresting officer had reasonable grounds to believe that a breach of the peace would be committed in the immediate future justifying arrest
  2. 2 Whether the claimant was wrongfully arrested and falsely imprisoned
  3. 3 Whether the Recorder misdirected the jury and erred in law

Ratio Decidendi

There was no evidence capable of supporting the conclusion that the officer had reasonable grounds to believe a breach of the peace was imminent; the claimant's behaviour did not justify arrest; the Recorder erred in law and the claimant is entitled to judgment for wrongful arrest and false imprisonment.

Court Disposition

Appeal allowed

Orders

  • Order of 21st October set aside
  • Defendant to pay claimant £1,250 in damages for wrongful arrest and imprisonment