England and Wales Case Law

Mumtaz Hussain v The Commissioners for HMRC

HMRC had, for each tax year covered by the Notice (other than 2014/2015), reason to suspect underassessment of tax, and the documents requested (excluding those relating to 2004/2005 and items withdrawn) are reasonably required to check the Appellant’s tax position. The Notice is varied to exclude items 6 and 7 and material relating to 2004/2005 from items 9, 10, and 11.

Source excerpt

• Taxpayer information notice
• Schedule 36 finance act 2008
• Discovery assessment
• Reasonable suspicion
• Burden of proof

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Clarke v Chief Constable of Northumbria Police

Clarke v Chief Constable of Northumbria Police [2026] EWHC 747 (KB) (27 March 2026)

The High Court allowed a child claimant’s appeal, holding that his arrest at school was not unavoidable and was therefore unlawful under PACE.

• False imprisonment
• Assault
• Arrest of juveniles
• Police powers
• Necessity of arrest
• Reasonable suspicion

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Corey Clarke v The Chief Constable of Northumbria Police

On appeal from a county court jury trial, the High Court held that arresting a 16-year-old at school was not unavoidable and was unlawful.

• False imprisonment
• Assault
• Arrest of juveniles
• Necessity of arrest
• Reasonable suspicion
• Use of force

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Director of Public Prosecutions v Sidney Price & Anor

The District Judge applied the wrong legal test by requiring a formal complaint of criminal damage and by treating lawfulness as determinative of whether the officers were acting in the exercise of their functions as emergency workers. The correct test is whether there was reasonable suspicion of an offence and whether the officers were acting in their functions, which does not require lawfulness as a precondition.

Source excerpt

• Assault on emergency workers
• Powers of arrest
• Powers of entry
• Reasonable suspicion
• Functions of emergency workers

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Director of Public Prosecutions v Price & Anor

Director of Public Prosecutions v Price & Anor [2024] EWHC 2864 (Admin) (23 October 2024)

High Court allowed a prosecution appeal, holding the magistrate applied the wrong test on police arrest powers and emergency-worker status.

• Assault on emergency workers
• Police powers of arrest and entry
• Reasonable suspicion
• Functions of emergency workers
• Criminal damage
• Case stated appeals

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Alexis Karalis v Chief Constable of Derbyshire Constabulary

The trial judge was correct to focus on the arresting officer's state of mind and discretion, found reasonable grounds for suspicion existed, and was not required to put the briefing officer's honest suspicion to the jury. The existence of a second identification did not negate reasonable suspicion. There was no error of law or procedural irregularity.

Source excerpt

• False imprisonment
• Arrest law
• Police powers
• Reasonable suspicion
• Burden of proof

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Karalis v Chief Constable of Derbyshire Constabulary

Karalis v Chief Constable of Derbyshire Constabulary [2023] EWHC 1496 (KB) (19 June 2023)

High Court appeal in false imprisonment and assault claims arising from a rape arrest, focusing on reasonable suspicion, arresting officer knowledge, and procurement.

• False imprisonment
• Assault and battery
• Lawful arrest
• Reasonable suspicion
• Police powers
• Section 24 police and criminal evidence act 1984

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Andrews v The Chief Constable of Suffolk Constabulary

Andrews v The Chief Constable of Suffolk Constabulary [2022] EWHC 3162 (KB) (12 December 2022)

Appeal from dismissal of claims arising from arrest and detention for attempted child abduction. The High Court held the arrest, detention, and reviews were lawful.

• False imprisonment
• Assault and battery
• Trespass to goods
• Human rights act 1998
• Article 5 echr
• Lawfulness of arrest

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Fittschen v Chief Constable of Dorset Police

Fittschen v Chief Constable of Dorset Police [2022] EWHC 399 (QB) (25 February 2022)

The High Court held that Klaus Peter Wilhelm Fittschen’s arrest for prostitution-related offences was unlawful because the police lacked objectively reasonable suspicion.

• False imprisonment
• Wrongful arrest
• Police powers
• Reasonable suspicion
• Necessity of arrest
• Human rights act 1998

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Betaudier v Attorney General of Trinidad and Tobago (Trinidad and Tobago)

The Privy Council held that the appellant's arrest for kidnapping lacked reasonable grounds and that his subsequent detention was unlawful, entitling him to damages for false imprisonment.

• False imprisonment
• Unlawful arrest
• Reasonable suspicion
• Damages
• False-imprisonment
• Unlawful-arrest

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