Thames Valley Police v Hepburn [2002] EWCA Civ 1841 (13 December 2002)

Thames Valley Police v Hepburn [2002] EWCA Civ 1841 (13 December 2002)

The search warrant did not authorise stopping or searching persons found on the premises; police officers unlawfully assaulted and falsely imprisoned Mr Hepburn; the subsequent arrest was not based on reasonable suspicion; damages must reflect the entire episode including physical injury, humiliation, and deprivation of liberty.

Citation
[2002] EWCA Civ 1841
Parties
Appellant/defendant: Chief Constable of Thames Valley Police; Respondent/claimant: Earl Gideon Foster Hepburn
Jurisdiction
England and Wales
Judgment Date
13 December 2002
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal of Chief Constable dismissed; cross-appeal of Mr Hepburn allowed.
Legal Topics
False Imprisonment, Assault, Search Warrants, Damages, Late Amendment, Police Powers
Tort Law Criminal Law Civil Procedure False Imprisonment Assault Search Warrants Damages Late Amendment +1 more

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Parties

Chief Constable of Thames Valley Police

Appellant/defendant

Earl Gideon Foster Hepburn

Respondent/claimant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a search warrant authorises police to stop and search persons found on premises
  2. 2 Whether police officers committed assault and false imprisonment
  3. 3 Whether the arrest for possession of cannabis was based on reasonable suspicion

Ratio Decidendi

The search warrant did not authorise stopping or searching persons found on the premises; police officers unlawfully assaulted and falsely imprisoned Mr Hepburn; the subsequent arrest was not based on reasonable suspicion; damages must reflect the entire episode including physical injury, humiliation, and deprivation of liberty.

Court Disposition

Appeal of Chief Constable dismissed; cross-appeal of Mr Hepburn allowed.

Orders

  • Judgment entered for Mr Hepburn for £4,100 damages in substitution for jury's award.
  • No separate award of interest.