Compensation claim for unlawfully seized property ?

[meestaeimaj]

Hi,

I wonder if anyone could offer some advice. In 2011 my home (in Scotland) was raided by the London met police along with local police force in relation to an alleged fraud.

After fighting the 'case' for sometime - during which the met truly lived up to their shocking reputation, it was found in 2015 by a high court that the search warrant was unlawful and that the copy they had provided me with had been tampered with to cover up this fact. Within ten minutes, the three judges at the hearing scolded the met for they're conduct and subsequently the case was dropped.

My issue now is that computer equipment, electronic goods etc worth an estimated 30,000 or so at the time were held during this period (as well as research data and backups etc - I'm a nuclear physicist and so losing this along with the backups was a huge blow to gaining employment in addition to the pending charges). I have been in contact countless times with the procurator fiscal office here to issue release notes to the police in order for my property to be returned but am being given the runaround.

My question is - can I take action as far as repossession through the courts etc to have my property returned ? Also is it possible to sue for the depreciation/damage to any items that were seized as from what I understand these were taken illegally ?

I understand there is a time limit to bring certain actions to court so would appreciate advice on this matter. For the record - the Met knew 100% for at least 4-5 years that the warrant was defective yet hoped to gloss over the fact while trying to ruin someone's professional career with a fabricated case.

Any advice would be great fully received.

Kind regards

[ZAIM]

Good question. I am in a similar situation. Did you manage to get an answer to your question(s)?

[jaguarsuk]

duplicate

[jaguarsuk]

Hi,

I wonder if anyone could offer some advice. In 2011 my home (in Scotland) was raided by the London met police along with local police force in relation to an alleged fraud.

After fighting the 'case' for sometime - during which the met truly lived up to their shocking reputation, it was found in 2015 by a high court that the search warrant was unlawful and that the copy they had provided me with had been tampered with to cover up this fact. Within ten minutes, the three judges at the hearing scolded the met for they're conduct and subsequently the case was dropped.

My issue now is that computer equipment, electronic goods etc worth an estimated 30,000 or so at the time were held during this period (as well as research data and backups etc - I'm a nuclear physicist and so losing this along with the backups was a huge blow to gaining employment in addition to the pending charges). I have been in contact countless times with the procurator fiscal office here to issue release notes to the police in order for my property to be returned but am being given the runaround.

My question is - can I take action as far as repossession through the courts etc to have my property returned ? Also is it possible to sue for the depreciation/damage to any items that were seized as from what I understand these were taken illegally ?

I understand there is a time limit to bring certain actions to court so would appreciate advice on this matter. For the record - the Met knew 100% for at least 4-5 years that the warrant was defective yet hoped to gloss over the fact while trying to ruin someone's professional career with a fabricated case.

Any advice would be great fully received.

Kind regards

I assume the Met are the ones holding all the property based on the fact they are the investigating and prosecuting force, with Police Scotland simply assisting them in the execution of their illegal warrant and so my answer is based on this presumption.

You need to write a letter before action to the Met commissioner stating that in 2011 the forced seized your possessions as part of an investigation into case X (x being the reference number) whilst executing an illegal warrant.

Inform them that in 2015 the High Court ruled it illegal and the case against you was withdrawn, but the seized possessions have not be returned to you and give them 30 days for return of your possessions.

Also inform them that should they fail to reply or agree to the return it is your intention to file a claim in the County Court without further reference to them under the Torts (Interference with Goods) Act 1977 S1 and that you will seek remedy under S3(a) & (c).

Regards having not been able to be employed and the damage to career, you can claim for damages on account of both of those due to Police misconduct, I don't know a great deal about this, but what I do know is that you can get a no win no fee Solicitor to do it for you. Altering a warrant, executing it and the High Court having ruled it illegal I think would be an open and shut case for a no win no fee Solicitor. I can't recommend one, but a quick google search threw up a good explanation of what it is and what can be claimed authored by these guys: https://www.legalexpert.co.uk/how-to...sation-claims/

If you do decide to engage a no win no fee Solicitor it might be worth mentioning about your property, the Torts (Interference with Goods) Act 1977 to have it returned and asking them if they are willing to include dealing with that as part of you engaging them.

If they do sit back and let them do their thing, if not come back if the Met Police don't get in contact to agree to return of your possessions for help in filing the claim.

As far as time limits to file a claim, that date in 2015 is your date for cause of action based on the withdrawal of the case that should have been the date the property was returned to you and under the Limitations Act 1980 you have six years from that date in 2015 to file any claim, so the date in 2021 is your deadline.

[jaguarsuk]

Good question. I am in a similar situation. Did you manage to get an answer to your question(s)?

You need to provide more information, ideally in a new thread to ensure things don't get mixed up should the OP reply to my post #4 here.

When you start your thread use the @ simbol and type my user name without a space after it to tag me in, then I'll come have a look.