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Appeal partly allowed: the Second Claimant’s detention was unlawful for 2 hours 14 minutes because the s40 PACE review lacked required consultation.
Searson & Anor v Chief Constable of Nottingham Constabulary [2025] EWHC 1982 (KB) (25 July 2025)
Police appeal partly allowed: the second claimant’s detention was unlawful after a defective review under s40 PACE, but damages were nominal and other claims failed.
The claimant's negligence claim for psychiatric injury is allowed to proceed as reasonable grounds and real prospect of success are pleaded, subject to limitation issues and unless order for property loss particulars. Claims for misfeasance in public office, trespass to goods, trespass to person, and Human Rights Act violations are struck out for failure to plead required mental states, facts, or jurisdictional compliance. Human Rights Act claims must be brought before the Investigatory Powers Tribunal, not the court.
Source excerpt
Alleyne v The Commissioner of Police of the Metropolis [2012] EWHC 3955 (QB) (21 September 2012)
High Court claim arising from police entry into a flat failed except for negligence on injury causation; unlawful entry, assault, and false imprisonment were not proved.
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