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England and Wales Case Law

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Tort

Dilon Curwen v Chief Constable of Cumbria Constabulary

The High Court dismissed claims arising from a police encounter with an armed, agitated man, holding the officers’ use of force, arrest process, and pre-handcuffing conduct were lawful.

  • False imprisonment
  • Assault and battery
  • Negligence
  • Use of force by police
  • Arrest and detention
  • Police powers
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Criminal law [2018] EWHC 804 (Admin)

Fitzgerald v Preston Crown Court & Anor

Fitzgerald v Preston Crown Court & Anor [2018] EWHC 804 (Admin) (18 April 2018)

Judicial review of a search warrant, arrest, and detention under PACE failed. The court held the warrant was properly issued and executed, and the detention lawful.

  • Search warrants
  • Judicial review
  • Police and criminal evidence act 1984
  • Special procedure material
  • Conspiracy to pervert the course of justice
  • Arrest and detention
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Tort

Mouncher & Ors v South Wales Police

High Court judgment from the Lynette White investigation litigation, addressing misfeasance, false imprisonment, malicious prosecution, and Article 8 claims.

  • Misfeasance in public office
  • False imprisonment
  • Malicious prosecution
  • Article 8 echr
  • Disclosure obligations
  • Arrest and detention
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Tort law

Paul v Humberside Police

The Court of Appeal held that issues of good faith, malice, and lawful detention in Jason Paul’s claims should have been left to the jury, and ordered a retrial.

  • False imprisonment
  • Malicious prosecution
  • Police powers
  • Arrest and detention
  • Bail
  • Judicial discretion
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.