Claim against police

[Thomas_P]

Hi

I am bringing a claim against Lancashire Constabulary and am wondering if they are the correct defendant?...should I be bringing the claim against the sub-division concerned?...or perhaps even against the individual officers who acted unlawfully?

A brief background, for your assistance, is that a number of officers attended my property, forced entry and proceeded to carry out a search. The officers had no warrant and no lawful excuse.

If I do in fact list the individual officers as defendant's in the case, can the claim be served on them at their place of work (i.e. the relevant sub-division of Lancashire Constabulary)?

Thanks

[Thomas_P]

Hi

Just wondering if anybody can assist with this?

Thanks.

[des8]

I believe the correct person against whom you bring your action is the Chief Constable, but do check elsewhere

[Thomas_P]

Hi DES8

Thanks for your reply.

So it would be against the Chief Constable of Lancashire Constabulary?...I'll try to confirm this elsewhere also as you suggest.

I don't suppose you know the answers to my queries under thread "Request stay of proceedings?"?

Thanks.

[2222]

Have you made a formal complaint?

[Thomas_P]

Hi 2222

Yes, formal complaint made and subsequent appeal. All finalised now without satisfactory outcome...i.e. as expected, they deny they were wrong.

Thanks

[Thomas_P]

A couple more queries if anybody is able to offer assistance?...

1. If I wish to, can I name the individual officers as Defendants also and, if so, can they be served at Lancashire Constabulary?...they were based at Lancaster.

2. Do I use form N1 to issue the claim and will the fee be based solely on the sum of damages sought?

3. This may be difficult for anybody to answer, but a rough idea would be fine...I know trespass damages are generally low (i.e. hundreds), but I am unsure as to damages for misfeasance in office (based on events detailed in original post) and infliction of emotional distress?

Thanks

[des8]

Although you can make a complaint against an individual officer, I believe you can only sue the force via in the name of the chief constable.

Have you considered taking professional advice about your intentions?
An initial fixed fee consultation with one of the solicitors who specialise may be worth your while

[Thomas_P]

Hi DES8

Thanks again for your reply.

I can't afford to pay for advice at the moment unfortunately, which is why I'm seeking as much information as possible through this forum...although I do understand that the advice I receive on here may be limited and may not be wholly accurate.

I don't suppose you, or anybody else, can assist with queries 2. and 3.? With regard to damages, I'm just looking for a rough idea really, as I'm not actually interested in the compensation, but just in the court finding that the police were wrong. I was thinking maybe £1000 to £2000?

Many thanks again!

[jaguarsuk]

I believe the correct person against whom you bring your action is the Chief Constable, but do check elsewhere

Although you can make a complaint against an individual officer, I believe you can only sue the force via in the name of the chief constable.

Have you considered taking professional advice about your intentions?
An initial fixed fee consultation with one of the solicitors who specialise may be worth your while

This is correct, your defendant would be the Chief Constable.

[jaguarsuk]

I don't suppose you, or anybody else, can assist with queries 2. and 3.? With regard to damages, I'm just looking for a rough idea really, as I'm not actually interested in the compensation, but just in the court finding that the police were wrong. I was thinking maybe £1000 to £2000?

Yes, it would be Claim Form N1, but you are going to have demonstrate how you have arrived at the figure of damages claimed, in other words itemise each damaged item and it's cost to replace/repair.

Malfeasance in office is a criminal matter not civil.

[Thomas_P]

Hi JAGUARSUK

Thanks for confirming regarding the Defendant being the Chief Constable and the correct form being N1. Would the fee be based solely on the amount of damages sought or would there be some other fee?

The damages sought are for infliction of emotional distress (i.e. embarrassment with neighbours, the disrespectful way in which the officers treated belongings of high sentimental value, etc), so, in the absence of any guidance, as I'm not actually interested in the compensation, I am just plucking a figure out of fresh air at the moment :o) It would not bother me if the court awarded £100 damages, so long as it was found that the officers were wrong in their actions.

It was my understanding that misfeasance in public office is a tort and a cause of action in the civil courts...is this not correct?

I presume I could also bring a private prosecution against the individual officers for misfeasance?

Many thanks.

[jaguarsuk]

Hi JAGUARSUK

Thanks for confirming regarding the Defendant being the Chief Constable and the correct form being N1. Would the fee be based solely on the amount of damages sought or would there be some other fee?

The damages sought are for infliction of emotional distress (i.e. embarrassment with neighbours, the disrespectful way in which the officers treated belongings of high sentimental value, etc), so, in the absence of any guidance, as I'm not actually interested in the compensation, I am just plucking a figure out of fresh air at the moment :o) It would not bother me if the court awarded £100 damages, so long as it was found that the officers were wrong in their actions.

You're into the realms of a personal injury claim here with the reasoning behind it, with any claim you can't just pluck a figure out of thin air you have to justify it. des8 probably knows more about personal injury claims than I.

It was my understanding that misfeasance in public office is a tort and a cause of action in the civil courts...is this not correct?

I presume I could also bring a private prosecution against the individual officers for misfeasance?

Many thanks.

Apologies we have crossed wires with me talking about Malfeasance and you misfeasance.

Misfeasance - Generally, a civil defendant will be liable for misfeasance if the defendant owed a duty of care toward the plaintiff, the defendant breached that duty of care by improperly performing a legal act, and the improper performance resulted in harm to the plaintiff.

Searching your property without a warrant or just cause under PACE Act 1984 is not a legal act, so your claim would fail on that grounds.

However, if they are asserting the search was legal and you were harmed then that ticks all the boxes for you.


In Summary you have one of two claims in my opinion:

1. Personal Injury on the grounds that an unlawful search caused you harm.

2. Misfeasance in public office on the grounds that a lawful search caused you harm.

Not both.

[des8]

Misfeasance in public office is extremely difficult to plead, and I honestly don't think you know what you are taking on.
It is not just a question of the officers entering and searching without a warrant or good cause.
You will need to show bad faith on the part of the officers, and the courts are more likely to believe the action was taken in genuine error or even incompetence rather than bad faith.
Bad Faith refers to acts taken maliciously with the intention of causing harm, or consciously with a reckless indifference to any harm being caused.
Are you in a position to plead that?

You also need to show material damage was sustained, besides claiming for your injured feelings.
The minimum for injured feelings is around £1000, but you will need to demonstrate the effect this incident has had on you.
Did you go to your doctor who may supply a supportive statement?

Do be aware your claim might not be allocated to small claims track, and you could be hit with costs if you lose.

I really think you should at least try for legal assistance... have you looked for solicitors offering CFAs (no win no fee)

[Thomas_P]

Hi JAGUARSUK and DES8

Thank you so much for taking the time to assist me.

The officers claim that the search was carried out lawfully under PACE, which they came up with afterwards when questioned. However, my claim is that they had no legal right to carry out the search and that they knew this, and yet they did so anyway...so "consciously with a reckless indifference to any harm being caused". To be blunt, the officers got carried away thinking that they were going to uncover something sinister and so forced entry to my property and carried out a search in the full knowledge that they had no legal right to. I have documentary evidence that there was absolutely no suggestion that they were going to carry out the search for the reasons they later came up with.

In respect of damages, I do have documentary evidence that the property was secure and so the forced entry clearly resulted in damage to the door. I did not visit a doctor regarding the effect it had on me emotionally; however, upon learning of the background of this matter and the incident in question, I would hope that any judge would accept that this obviously caused me emotional distress. The distress it caused to me is obviously well documented within the complaint that I made to the police and I would of course be able to obtain witness statements from family and friends.

I have not approached any solicitors regarding this matter, as I do not believe they would take on the case under a CFA given the timescales involved (i.e. the claim is almost at the limitation period - 6 years).

Just to confirm - will the claim fee be based solely on the sum of damages sought or will there be some other fee to bring the claim (e.g. a non money fee)?

Many thanks again!