Police - 1997

These cases are extracted from a very large database. The entries on that database are now being published individually to the main swarb.co.uk website in a much improved form. As cases are published here, the entry here will be replaced by a link to the same case in that improved form on swarb.co.uk. In addition the swarb.co.uk site includes very substantial numbers of cases after 2000. Please take the time to look.  

This page lists 51 cases, and was prepared on 06 June 2013. These case are being transferred one by one to the main swarb.co.uk site which presents them better, with links to full text where we have it, and much improved cross referencing.

Campbell -v- Vannet; 1997

Regina -v- Chief Constable of Sussex Ex Parte International Trader's Ferry Ltd [1997] EWCA Civ 861; [1998] QB 477
28 Jan 1997 CA	Police, European	Casemap 1 Cites 1 Citers
	A restriction placed by a chief constable on the police support he would make available to support a lawful trade was reasonable, even though it might amount to trade interference. The allocation of resources available to the Chief Constable was for him and the course he took was well within his margin of appreciation, not least because of the need to balance serious competing claims. It was unreal and unfair to treat the Chief Constable as having all the resources of the State available to him before he could justify what he had done.
	Link[s] omitted

Savage -v- Hoddinot (Chief Constable of Hampshire) [1997] EWCA Civ 943; [1997] 1 WLR 1061
6 Feb 1997 CA	Contract, Police	1 Cites 1 Citers
	A police informer may abandon anonymity to sue police for promised fees.
	Link[s] omitted

Rea -v- Commissioner of Police for Metropolis [1997] EWCA Civ 1030
17 Feb 1997 CA	Police
	[ Bailii ]

Thompson -v- Commissioner of Police of the Metropolis; CA 19-Feb-1997

Thompson -v- Commissioner of Police of Metropolis; Hsu -v- Same; CA 20-Feb-1997

Fellowes or Herd -v- Clyde Helicopters Ltd [1997] 1 All ER 775; [1997] UKHL 6; [1997] AC 534
27 Feb 1997 HL Lord MacKay, Lord Chancellor Lord Nicholls of Birkenhead Lord Hoffmann, Lord Hope of Craighead Lord Clyde	Transport, Police, Damages, Personal Injury	1 Citers
	A Police officer being carried in a force helicopter, and operating within his own force's area was not on a matter of international carriage, and was not subject to the restrictions on recovery of damages. The helicopter had crashed into a building and he lost his life. Lord Hope considered the Convention noting the width of article 1(1) which applies "to all international carriage of persons, baggage or cargo performed by aircraft for reward", and said: "But the starting point is the generality of effect indicated by the use of the word "all". The nationality or place of business of the carrier is irrelevant, as all carriers who undertake international carriage, as defined in article 1(2), of passengers, baggage or cargo by the aircraft are bound by the Convention. There is nothing in the Convention to indicate that the purpose for which the passenger, baggage or cargo was on the aircraft has any bearing on the question whether the Convention applies. In my opinion the Convention agreed at Warsaw, as amended at the Hague, was intended to be, and is, capable of accommodating changes in the practice of airlines and aircraft operators with regard to the purposes for which aircraft are used to carry people and goods, and in the contractual arrangements in pursuance of which people and goods are carried by air for reward."
	Carriage by Air (Application of Provisions) Order 1967 (1967 No 480)
	Link[s] omitted

Regina -v- Manchester Crown Court ex parte Chief Constable of Greater Manchester [1997] EWHC Admin 239
7 Mar 1997 Admn	Police
	[ Bailii ]

Goodman -v- Commissioner of Police for Metropolis [1997] EWCA Civ 1243
13 Mar 1997 CA	Police
	[ Bailii ]

Chief Constable of Norfolk -v- Robert Stephen Edwards [1997] EWHC Admin 294
19 Mar 1997 Admn	Police, Licensing
	Firearms Act 1968 30
	[ Bailii ]

Rigg -v- Commissioner of Police of Metropolis [1997] EWCA Civ 1325
25 Mar 1997 CA	Police
	Link[s] omitted

Joakim; Joakim -v- Commissioner of Police for Metropolis and North Middlesex Hospital Trust [1997] EWCA Civ 1386
14 Apr 1997 CA	Police, Negligence, Personal Injury	Casemap
	[ Bailii ]

Regina -v- Benjamin Mark Carte, Director of Public Prosecutions [1997] EWHC Admin 377
17 Apr 1997 Admn	Crime, Police
	Police Act 1964 51(4)
	Link[s] omitted

Rostant -v- Commissioner of Police for Metropolis [1997] EWCA Civ 1432
17 Apr 1997 CA	Police
	Link[s] omitted

Gioacchnio Gizzonio and Paul Michael Gizzonio -v- Chief Constable of Derbyshire Constabulary [1997] EWCA Civ 1511
24 Apr 1997 CA	Police	1 Cites 1 Citers
	Link[s] omitted

Lyons -v- Chief Constable of West Yorkshire [1997] EWCA Civ 1520
24 Apr 1997 CA Evans, Hobhouse, Hutchison LJJ	Police, Torts - Other
	The Chief Constable appealed against an award of damages for wrongful arrest and false imprisonment. A witness to a robbery had identified the complainant as responsible, but the claimant's mother had told the officers that her son would have an alibi. After arrest the alibi was confirmed. The claimant was released, but then made his claim, saying that the officers had no reasonable ground for their suspicion.
	Link[s] omitted

Wheeldon -v- Wheeldon [1997] EWCA Civ 1550
29 Apr 1997 CA	Family, Police
	Domestic Violence and Matrimonial Proceedings Act 1976 2(3)
	Link[s] omitted

Rees -v- Chief Constable of Hampshire and Commissioner of Police for Metropolis [1997] EWCA Civ 1621
2 May 1997 CA	Police
	Link[s] omitted

Beer -v- Commissioner of Police of Metropolis; CA 02-May-1997

Patrick Mahon; Andrew Leslie Kent -v- Dr Christian Mahon; Hans-Jakob Biedermann; Martin Haab-Biedermann and Frank Bodmer [1997] EWCA Civ 1770
23 May 1997 CA	Police
	Link[s] omitted

Regina -v- Imran, Hussain; CACD 09-Jun-1997

Goodman -v- Commissioner of Police for Metropolis [1997] EWCA Civ 1910
19 Jun 1997 CA	Police
	[ Bailii ]

Goldberg and Goldberg -v- Commissioner of Police for Metropolis [1997] EWCA Civ 1922
20 Jun 1997 CA	Police, Torts - Other
	[ Bailii ]

Sheyi Banjo -v- Chief Constable of Greater Manchester Police [1997] EWCA Civ 1951
24 Jun 1997 CA	Torts - Other, Police
	Link[s] omitted

Waters -v- Commissioner of Police for Metropolis [1997] EWCA Civ 2012
3 Jul 1997 CA	Police, Discrimination, Negligence
	[ Bailii ]

Andrew James Heagren and Teresa Ann Heagren -v- Chief Constable of Norfolk Constabulary [1997] EWCA Civ 2044
8 Jul 1997 CA	Police
	[ Bailii ]

Regina -v- Chief Constable for North Wales Police Area Authority ex parte AB and CD etc; Admn 10-Jul-1997

Kelly -v- Commissioner of Police for Metropolis; CA 22-Jul-1997

Williamson -v- Commissioner of Police for Metropolis [1997] EWCA Civ 2177
23 Jul 1997 CA	Police, Defamation, Litigation Practice
	Link[s] omitted

John-Salakov -v- Turpey, Mead, Terry Collins, The Commissioner of Police of The Metropolis; CA 24-Jul-1997

Regina -v- Chief Constable of The Royal Ulster Constabulary Ex Parte Begley; Regina -v- McWilliams; HL 24-Jul-1997

Raymond Asley Fisher and Nigel John Fisher -v- Chief Constable of Cumbria Constabulary [1997] EWCA Civ 2232
29 Jul 1997 CA Woolf LJ, Roch LJ, otton LJ	Police, Torts - Other
	The Chief Constable appealed against an award of £750 made after a police officer serving a search warrant forgetfully failed to leave a copy with the occupier.
	Misuse of Drugs Act 1971 23(3)
	[ Bailii ]

Regina -v- Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others; QBD 01-Oct-1997

Clarke -v- Chief Constable of North Wales Police [1997] EWCA Civ 2432
7 Oct 1997 CA	Police, Torts - Other	Casemap 1 Cites 1 Citers
	[ Bailii ]

Regina -v- Commissioner of Police for Metropolis ex parte Nicholas Trevette [1997] EWHC Admin 866
13 Oct 1997 Admn	Police
	[ Bailii ]

Michael Terence Dodd -v- David Graham Chief Constable of Cheshire Constabulary and Donald Elliot Chief Constable of Devon and Cornwall Constabulary [1997] EWCA Civ 2549
22 Oct 1997 CA	Police, Torts - Other, Litigation Practice
	Misfeasance in public office.
	[ Bailii ]

Bennett -v- Commissioner of Police of the Metropolis (1997) 10 Admin LR 245
24 Oct 1997 Admn Sir Richard Scott VC	Police, Torts - Other	1 Citers
	Police and prosecuting authority have no inherent immunity from suit for tort of misfeasance in public office if the breach is properly made out. Immunity extends to statements made or agreed to be made out of court "if these were clearly and directly made in relation to the proceedings in court, for example, witnesses' proofs of evidence."

Fryer -v- Chief Contstable of Thames Valley Police [1997] EWCA Civ 2574
27 Oct 1997 CA	Police
	[ Bailii ]

Martin -v- Chief Constable of Avon and Somerset Constabulary [1997] EWCA Civ 2598
29 Oct 1997 CA	Police
	[ Bailii ]

A K Hussain (Force Solicitor of West Yorkshire Police) -v- Hardip Singh [1997] EWHC Admin 963
3 Nov 1997 Admn	Magistrates, Police, Costs
	[ Bailii ]

Haralabidis -v- Manchester City Council [1997] EWCA Civ 2646
5 Nov 1997 CA	Police
	[ Bailii ]

Reeves (Joint Administratrix of the Estate of Martin Lynch, Deceased) -v- Commissioner of Police for Metropolis (1998) 41 BMLR 54; [1998] 2 All ER 381; [1999] QB 169; [1998] 2 WLR 401; [1997] EWCA Civ 2686
10 Nov 1997 CA	Police, Negligence	1 Citers
	The fact that the deceased committed suicide whilst in custody does not necessarily absolve the police of blame if the deceased was a known suicide risk.
	[ Bailii ]

Gaisiance and African Children's Society -v- Commissioner of Police for Metropolis and Rover Finance Limited [1997] EWCA Civ 2703
12 Nov 1997 CA	Police, Financial Services, Consumer
	Link[s] omitted

Regina -v- Chief Constable of B and Director of National Identification Service ex parte R [1997] EWHC Admin 1037
24 Nov 1997 Admn	Police
	[ Bailii ]

Silk -v- Commissioner of Police of Metropolis [1997] EWCA Civ 2853
28 Nov 1997 CA	Police
	[ Bailii ]

Hussein -v- Hambros Bank Plc; Commissioners of Police for Metropolis; DC Badock and DC Cottam [1997] EWCA Civ 2882
2 Dec 1997 CA	Police
	[ Bailii ]

Roach -v- Commissioner of Police of Metropolis [1997] EWCA Civ 2967
11 Dec 1997 CA	Police
	Leave to appeal refused - claim in negligence against police - hopeless case.
	[ Bailii ]

O'Loughlin -v- Chief Constable of Essex [1997] EWCA Civ 2891; [1998] 1 WLR 374
12 Dec 1997 CA	Torts - Other, Police	1 Citers
	Police, when using force to enter premises, must still give their reasons for effecting their entry, to the occupant, unless this was impossible or undesirable. Roch LJ referred to the "severe burden which a constable has to discharge when trying to prove that the use of force was really necessary in order to justify his use of force."
	Police and Criminal Evidence Act 1984
	Link[s] omitted

Ward -v- Chief Constable of West Midlands Police [1997] EWCA Civ 2972
15 Dec 1997 CA	Litigation Practice, Police, Torts - Other
	Questions of law must be settled by the judge in civil trials and not left to the jury to decide. Factual issues to be identified clearly.
	[ Bailii ]

Fitzroy Clarke -v- Chief Constable of West Midlands Police [1997] EWCA Civ 3041
18 Dec 1997 CA	Police
	Link[s] omitted

Regina -v- Her Majesty's Coroner for Newcastle Upon Tyne ex parte A (a Police Officer of Northumbria Police Force) [1997] EWHC Admin 1172
19 Dec 1997 Admn	Coroners, Police
	[ Bailii ]