Claim against police

[des8]

If you file an application for a non-money claim and a claim for damages, both court fees must be paid.
Fee schedule here: https://assets.publishing.service.go...1/ex50-eng.pdf

[2222]

I know it’s tempting to include everything that you have evidence for in the claim. But, remember that you are an amateur up against professionals with far greater resources than you. It’s a really good idea to keep things as simple as possible. Pick one thing, claim for it, and win. I wish you all the best.

[jaguarsuk]

I think what is important is the reason they have given fro the search, what do they say they were trying to find?

[Thomas_P]

Hi

Thanks again to you all for the assistance...and for the well wishes 2222.

In regard to the claim fee, I am just looking to ascertain if the fee will be based solely on the sum of damages sought (i.e. claim £1000 in damages - fee £70)? Am I correct in thinking this is just a damages claim (i.e. damages for trespass and damages for misfeasance in office)?

The background of how the search came about is a bit personal, so I don't really want to say, sorry...but the reason the police came up with after the fact was life and limb under PACE. I have documentary evidence that there was no suggestion of concern for the safety of any individual prior to the search and that the only subject covered was that which is referred to above (i.e. the personal bit).

Many thanks.

[lgfa92]

You are suggesting that the officers held no reasonable concern for life or limb at the point they entered the property - what evidence do you have to back this up ?. So, if there was no concern under 17(e) of PACE why did they attend the property in the first place, there must have been a reason why they came out.

[Thomas_P]

Hi LGFA92

Thanks for your message.

I have a copy of the log (ISR), which clearly details communications between officers and what their subject of interest was at the time. The true subject was not something that provided them with a legal right to enter and search my property and they mention a concern for safety of any individual prior to the search. As advised, the background of how the search came about is a bit personal, so I don't really want to say, sorry.

I am confident in respect of the subject of the claim and the rights of the police, I am just seeking assistance to ensure that I get everything right when bringing the claim (i.e. form, fee, etc). I don't suppose you know the answer to my last query do you, i.e. -

"In regard to the claim fee, I am just looking to ascertain if the fee will be based solely on the sum of damages sought (i.e. claim £1000 in damages - fee £70)? Am I correct in thinking this is just a damages claim (i.e. damages for trespass and damages for misfeasance in office)?"

Many thanks.

[Thomas_P]

Hi,

You have all been very helpful, thank you.

I am in the process of completing the N1 and wonder if somebody could confirm the following is correct? -

1. Under "In the" I have detailed my local County Court. Is this correct or must I send it to the County Court Money Claims Centre?

2. Under Defendant, I have put "Chief Constable, Lancashire Constabulary Headquarters, Saunders Lane, Hutton, Nr Preston, PR4 5SB."

3. Under "Amount claimed" I have put £1000. I presume I am allowed to claim a fixed sum of damages?

4. If I can claim a specified sum of damages, I presume I can then issue the claim through MCOL? I note that you cannot use this service to claim against a Government department or agency, but the list of Government departments, agencies and public bodies on https://www.gov.uk/government/organisations does not detail the police, so I presume this would not apply and I can, therefore, use MCOL?

Thanks again.

[2222]

I suggest that you issue using MCOL. That is all done online, so you can bin the paper form. The defendant is the chief constable.

I suggest a fixed claim for damages. If I understand Your case correctly, you claim damages on account of a search that was done illegally. You can forget the malfeasance etc. Either the search was legal, or it wasn’t.

However, before you issue proceedings, you need to send the chief constable a letter before action. I suggest that you make that really detailed, as it will help you a great deal with preparing your claim. Make it clear, and use it to rehearse the arguments that you will present to the court. For example, you will explain that the Control Room logs show that the officers were not aware at the time of the information they later used to try to justify their search. I would quote all the relevant information in your letter.

[Thomas_P]

Hi 2222

Thank you very much for your reply.

Just to confirm, I can definitely issue this claim through MCOL?

Also, I would like to keep the misfeasance in public office as part of the claim. I presume this would not be an issue, as it would just be covered within my particulars?

Many thanks.

[jaguarsuk]

Hi 2222

Thank you very much for your reply.

Just to confirm, I can definitely issue this claim through MCOL?

Also, I would like to keep the misfeasance in public office as part of the claim. I presume this would not be an issue, as it would just be covered within my particulars?

Many thanks.

No, because the search can't be unlawful and lawful at the same time, it's either one or the other.

"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."