Foulkes v Merseyside Police [1998] EWCA Civ 938 (9 June 1998)

Foulkes v Merseyside Police [1998] EWCA Civ 938 (9 June 1998)

The police officer did not have reasonable grounds to apprehend an imminent breach of the peace; the plaintiff's behaviour did not constitute a sufficiently serious or imminent threat to justify arrest. The arrest and subsequent detention were therefore unlawful.

Citation
[1998] EWCA Civ 938
Parties
Plaintiff/appellant: Trevor Foulkes; Defendant/respondent: Chief Constable of the Merseyside Police
Jurisdiction
England and Wales
Judgment Date
09 June 1998
Procedural Posture
Civil Appeal / Appeal From Liverpool County Court
Outcome
appeal allowed
Legal Topics
False Imprisonment, Breach of the Peace, Arrest Without Warrant, Matrimonial Home Rights, Domestic Disputes
Civil Procedure Family Law Police Powers Tort Law False Imprisonment Breach of the Peace Arrest Without Warrant Matrimonial Home Rights +1 more

Case Brief

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Parties

Trevor Foulkes

Plaintiff/appellant

Chief Constable of the Merseyside Police

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Liverpool County Court

Legal Issues

  1. 1 Whether the arrest of the plaintiff for apprehended breach of the peace was lawful
  2. 2 Whether the subsequent detention constituted false imprisonment
  3. 3 Whether the duration of detention was unreasonable

Ratio Decidendi

The police officer did not have reasonable grounds to apprehend an imminent breach of the peace; the plaintiff's behaviour did not constitute a sufficiently serious or imminent threat to justify arrest. The arrest and subsequent detention were therefore unlawful.

Court Disposition

appeal allowed

Orders

  • Judgment for the plaintiff
  • Damages to be assessed or agreed