Skip to content
St Pauls Chamber logoSt Pauls Chambers mobile logo
  • Home
  • Expertise
  • Our People
  • About
  • Blog
  • Contact
  • S
  • Find A Barrister
St Pauls Chambers mobile logo
  • Home
  • Expertise
  • Our People
  • About
  • Blog
  • Contact
  • S
  • Find A Barrister

Home / Civil Law / Police Law / Actions Against The Police

Actions Against The Police

At St Pauls Chambers, barristers advise on many different courses of action against the police. Members of Chambers have substantial experience of such civil cases, including written advice and advocacy.

BROWSE 

Barristers

Specialisms

Contact

CONTACT THE CLERKS

  • Clerk Jayne Drake

    Jayne Drake

    0113 2270703 Email
  • Clerk Matthew Taylor

    Matthew Taylor

    0113 2270706 Email
  • Clerk Lisa Tyczynska

    Lisa Tyczynska

    0113 2270708 Email

Actions Against the Police

Cases involving actions against the police are civil claims for compensation made through the courts. The police have extensive powers, and it’s vital that citizens who have been subject to abuse of these powers are able to bring civil actions against the police.

Legal action against police is brought by those who have been wronged by the police in some way.

Such claims go further than a mere complaint; when bringing legal action against the police, victims of police misconduct usually seek financial compensation and contributions towards their legal costs. However, there are instances where additional remedies such as an apology, the destruction of DNA and personal data, or a correction of records held on the Police National Computer can arise.

Legal Action Against Police

Every case relating to actions against the police is different. The most prevalent types of claim relate to:

  • False imprisonment
  • Assault/battery
  • Malicious prosecution
  • Misfeasance in public office
  • Trespass
  • Negligence

Actions Against the Police Case Studies

  • In 2021, one of our members, Ayman Khokhar, successfully represented a claimant bringing legal action against the police for wrongful arrest and false imprisonment. The claimant won damages on the basis that the police did not have reasonable grounds for suspicion prior to her arrest.
  • In 2020, Richard Barraclough KC counselled the respondent to an appeal claim of police negligence when a lorry driver was arrested on suspicion of drink-driving and his unattended lorry then had its cargo stolen in an area known for thefts.

Why Choose St Pauls Chambers?

At St Pauls Chambers, our barristers have considerable experience in both bringing and defending actions against the police. We pride ourselves on our collaborative approach so you will receive not only the expert knowledge of your barrister, but the support of the entire team.

From advising pre-action, drafting cogent pleadings, devising an effective case strategy, to persuasive trial advocacy, Actions Against the Police barristers at St Pauls provide first-class representation throughout proceedings.

If you or your client are pursuing actions against the police, or are being investigated in relation to a civil action against the police, please contact us today to speak to our expert team of police misconduct lawyers.

St Pauls Chambers Building
St Pauls Chambers specialisms include false imprisonment, assault/battery, malicious prosecution, misfeasance in public office, trespass and negligence. We can provide expert legal help in these areas.

Barristers

FILTER BY EXPERTISE

Please select on of the suggested variants.

KCs

  • Sam Green QC Joint Head of Chambers

    Sam Green KC

    Call: 1998

    Silk: 2015

  • Nigel Sangster QC Associate Tenant

    Nigel Sangster KC

    Call: 1976

    Silk: 1998

  • Richard Barraclough QC

    Richard Barraclough KC

    Call: 1980

    Silk: 2003

  • Simon Myerson QC

    Simon Myerson KC

    Call: 1986

    Silk: 2003

  • Bryan Cox

    Bryan Cox KC

    Call: 1979

    Silk: 2005

  • Jane Bewsey QC Associate Tenant

    Jane Bewsey KC

    Call: 1986

    Silk: 2010

  • Simon Bickler QC

    Simon Bickler KC

    Call: 1988

    Silk: 2011

  • John Harrison QC Associate Tenant

    John Harrison KC

    Call: 1994

    Silk: 2016

  • Jonathan Sandiford

    Jonathan Sandiford KC

    Call: 1992

    Silk: 2020

  • Cameron Brown Associate Tenant

    Cameron Brown KC

    Call: 1998

    Silk: 2020

There are no KCs suiting filter condition

Members

  • Denise Breen-Lawton Joint Head of Chambers

    Denise Breen-Lawton

    Call: 2000

  • Jeremy Barnett- Barrister

    Jeremy Barnett

    Call: 1980

  • Philip Standfast

    Philip Standfast

    Call: 1980

  • Nikki Saxton

    Nikki Saxton

    Call: 1992

  • Robert Smith

    Robert Smith

    Call: 1995

  • Associate Tenant

    David Hughes

    Call: 1997

  • Derek Duffy

    Derek Duffy

    Call: 1997

  • Nick Worsley Barrister

    Nicholas Worsley

    Call: 1998

  • Alasdair Campbell

    Alasdair Campbell

    Call: 1999

  • Andrew Stranex

    Andrew Stranex

    Call: 2000

  • Jane Brady | Barrister Leeds

    Jane Brady

    Call: 2001

  • James Bourne-Arton

    James Bourne-Arton

    Call: 2001

  • Danielle Graham

    Danielle Graham

    Call: 2003

  • Hal Watson

    Hal Watson

    Call: 2003

  • James Lake

    James Lake

    Call: 2005

  • Andrew Nixon

    Andrew Nixon

    Call: 2006

  • Helen Chapman

    Helen Chapman

    Call: 2006

  • Voldi Welch - Barrister at Law

    Voldi Welch

    Call: 2008

  • Associate Tenant

    Hannah Hinton

    Call: 2008

  • Angus MacDonald

    Angus MacDonald

    Call: 2009

  • Sophie Mitchell

    Sophie Mitchell

    Call: 2010

  • Hannah Lynch

    Hannah Lynch

    Call: 2011

  • Stephen Flint

    Stephen Flint

    Call: 2012

  • George Hazel-Owram

    George Hazel-Owram

    Call: 2012

  • Kristina Goodwin

    Kristina Goodwin

    Call: 2013

  • Stephen Elphick

    Stephen Elphick

    Call: 2014

  • Charlie Greenwood

    Charlie Greenwood

    Call: 2015

  • Frances Pencheon

    Frances Pencheon

    Call: 2015

  • Jessica Heggie

    Jessica Heggie

    Call: 2017

  • Harry Crowson

    Harry Crowson

    Call: 2018

  • Temitayo Oguntade

    Temitayo Dasaolu

    Call: 2018

  • Ayman Khokhar

    Ayman Khokhar

    Call: 2018

  • Emma Handley

    Emma Handley

    Call: 2019

  • Matthew Moore-Taylor

    Call: 2020

There are no Members suiting filter condition

Pupils

  • Eleanor Guildford

    Pupil November 2021

There are no Pupils suiting filter condition

Examples of Legal Actions Against the Police

  • False Imprisonment

This is the most common head of loss in civil actions against the police and may arise:

  • During a stop and search
  • During questioning
  • Upon arrest
  • In custody

In these cases, a claimant must prove that he or she was detained. Once this is established, the burden is on the defendant to establish there was lawful justification.

  • Assault/ Battery

A police officer can use no more than reasonable and necessary force when exercising their lawful powers.

If it can be shown that the purported exercise of their power was unlawful, then the application of all force would be considered unlawful from start to finish and a claimant would be entitled to compensation for any force used during arrest and detention.

Even if force has been used in the furtherance of the exercise of lawful powers, then legal action against the police may still be valid where it can be proved that the application of force itself was excessive.

  • Malicious Prosecution

These types of actions against the police are difficult to prove because they require a claimant to prove a number of points.

Firstly, that the defendant was actively instrumental in putting the prosecution in motion. Further, they must prove that the prosecution was determined in a claimant’s favour and, finally, that it resulted in provable damage.

In addition, a claimant must also prove that the prosecution was brought without reasonable or probable cause and the police were motivated by malice/improper motive.

  • Misfeasance in Public Office

Closely linked with a malicious prosecution claim, this may be appropriate in a case of civil action against the police where a holder of public office has misused or abused their powers which falls short of malicious prosecution.

In these circumstances, it must also be shown that the relevant actions or omissions caused damage to a claimant; and the officer acted in bad faith – they knew (or anticipated) that the act would probably cause damage of the kind actually caused.

  • Trespass

Such a claim may arise whenever there is an unjustified intrusion by a police officer on land owned, occupied or leased by another. Legal action against the police of this type typically occurs because no search warrant was obtained.

  • Negligence

This is a familiar head of claim to many people, where it is alleged that there has been negligence in the investigation or suppression of crime. Many claims traditionally failed based on the authority that the police do not owe the public the relevant duty of care required, however in recent years the position has become more nuanced.

Compensation may also be available for breaches relating to the following:

o          Equality Act 2010

o          Human Rights Act 1998

o          Breach of confidence

o          Data Protection Act 1998

o          Defamation

o          Wrongful interference with goods

o          Breach of statutory duty

o          Malicious procurement of search or arrest warrants

 

Each case is unique and there may be more than one claim or alternative claims to pursue. Make sure your case is well-represented by a quality police misconduct lawyer by speaking to the St Pauls Chambers’ police law team.

You can learn more about our chambers on our website, or visit our blog for our latest case studies, news and information across a variety of legal areas.

Blog

The Latest Actions Against The Police News and Cases

Follow our blog for further information on the latest Actions Against The Police news and cases.

  • Civil Law
  • News

1y ago

Actions Against the Police success for Ayman Khokhar

Representing the Claimant, in a 4-day Trial before Mr. Recorder Treverton-Jones QC at Cardiff County Court, Ayman Khokhar secured a …

Actions Against the Police success for Ayman Khokhar Read More »

by Ayman Khokhar

Expertise

Civil Law Criminal Law Public Law Regulatory Law
Family Law Fraud Personal Injury

Quick Links

  • Home
  • About
  • Barrister Recruitment

Leeds

0113 245 5866

Address

St. Pauls Chambers
Park Row House,
19-20 Park Row,
Leeds,
LS1 5JF
  • Terms & Conditions
  • Privacy
  • Pupillage Policy
  • Complaints
  • Disclaimer
  • Pricing Structure
  • Sitemap
© St. Paul's Chambers 2023 by That Web Look
x symbol

Search

Please select on of the suggested variants.

Blog

The Latest News and Cases From The Chambers

Latest Posts

Case Studies

News

Criminal Law

Eleanor Williams is Sentenced for False Rape and Grooming Claims

St Paul's Chambers March 14, 2023

Jonathan Sandiford KC leading Barbara Webster for the Crown on the trial and sentence of Eleanor Williams.   Williams has been sentenced to eight and …

Fraud

What Are the Penalties for Benefit Fraud?

St Paul's Chambers March 2, 2023

With around 600 people convicted of benefit fraud offences between 2021 and 2022, it is important to be aware of the potential penalties of benefit …

Regulatory Law

What to Expect in a Dawn Raid

St Paul's Chambers February 14, 2023

If your business is suspected of behaving unlawfully, whether that involves breaching business regulations, competition law or corporate fraud law, it may be subject to …

x symbol

Find a Barrister

FILTER BY EXPERTISE

Please select on of the suggested variants.

KCs

  • Sam Green QC Joint Head of Chambers

    Sam Green KC

    Call: 1998

    Silk: 2015

  • Nigel Sangster QC Associate Tenant

    Nigel Sangster KC

    Call: 1976

    Silk: 1998

  • Richard Barraclough QC

    Richard Barraclough KC

    Call: 1980

    Silk: 2003

  • Simon Myerson QC

    Simon Myerson KC

    Call: 1986

    Silk: 2003

  • Bryan Cox

    Bryan Cox KC

    Call: 1979

    Silk: 2005

  • Jane Bewsey QC Associate Tenant

    Jane Bewsey KC

    Call: 1986

    Silk: 2010

  • Simon Bickler QC

    Simon Bickler KC

    Call: 1988

    Silk: 2011

  • John Harrison QC Associate Tenant

    John Harrison KC

    Call: 1994

    Silk: 2016

  • Jonathan Sandiford

    Jonathan Sandiford KC

    Call: 1992

    Silk: 2020

  • Cameron Brown Associate Tenant

    Cameron Brown KC

    Call: 1998

    Silk: 2020

There are no KCs suiting filter condition

Members

  • Denise Breen-Lawton Joint Head of Chambers

    Denise Breen-Lawton

    Call: 2000

  • Jeremy Barnett- Barrister

    Jeremy Barnett

    Call: 1980

  • Philip Standfast

    Philip Standfast

    Call: 1980

  • Nikki Saxton

    Nikki Saxton

    Call: 1992

  • Robert Smith

    Robert Smith

    Call: 1995

  • Associate Tenant

    David Hughes

    Call: 1997

  • Derek Duffy

    Derek Duffy

    Call: 1997

  • Nick Worsley Barrister

    Nicholas Worsley

    Call: 1998

  • Alasdair Campbell

    Alasdair Campbell

    Call: 1999

  • Andrew Stranex

    Andrew Stranex

    Call: 2000

  • Jane Brady | Barrister Leeds

    Jane Brady

    Call: 2001

  • James Bourne-Arton

    James Bourne-Arton

    Call: 2001

  • Danielle Graham

    Danielle Graham

    Call: 2003

  • Hal Watson

    Hal Watson

    Call: 2003

  • James Lake

    James Lake

    Call: 2005

  • Andrew Nixon

    Andrew Nixon

    Call: 2006

  • Helen Chapman

    Helen Chapman

    Call: 2006

  • Voldi Welch - Barrister at Law

    Voldi Welch

    Call: 2008

  • Associate Tenant

    Hannah Hinton

    Call: 2008

  • Angus MacDonald

    Angus MacDonald

    Call: 2009

  • Sophie Mitchell

    Sophie Mitchell

    Call: 2010

  • Hannah Lynch

    Hannah Lynch

    Call: 2011

  • Stephen Flint

    Stephen Flint

    Call: 2012

  • George Hazel-Owram

    George Hazel-Owram

    Call: 2012

  • Kristina Goodwin

    Kristina Goodwin

    Call: 2013

  • Stephen Elphick

    Stephen Elphick

    Call: 2014

  • Charlie Greenwood

    Charlie Greenwood

    Call: 2015

  • Frances Pencheon

    Frances Pencheon

    Call: 2015

  • Jessica Heggie

    Jessica Heggie

    Call: 2017

  • Harry Crowson

    Harry Crowson

    Call: 2018

  • Temitayo Oguntade

    Temitayo Dasaolu

    Call: 2018

  • Ayman Khokhar

    Ayman Khokhar

    Call: 2018

  • Emma Handley

    Emma Handley

    Call: 2019

  • Matthew Moore-Taylor

    Call: 2020

There are no Members suiting filter condition

Pupils

  • Eleanor Guildford

    Pupil November 2021

There are no Pupils suiting filter condition

x symbol

Expertise

SEARCH

Please select on of the suggested variants.

FILTER

A B C D E F G H I L M N O P R S T V
A
Actions Against The Police Admissions Appeals Adoption Law Advance Fee Fraud Asset Forfeiture Asset Recovery
B
Banking and Insurance Fraud Benefit Fraud Boiler Room Fraud Bribery Law Business Regulation
C
Care Proceedings Care Quality Commission Carousel Fraud Catastrophic Injury Chancery Law Charity Fraud Charity Regulation - The New Fundraising Regulator Child Law Civil Law Claims Management Regulation Clinical Negligence Cohabitation Laws Commercial Disputes Commercial Law Company Directors Disqualification Competition Law Consumer Protection Law Contract Law Copyright Fraud Corporate Fraud Corporate Manslaughter Counterfeit Goods Court Martial Court of Protection (Public Law) Court of Protection (Family Law) Credit Hire Claims Criminal Law Crowdfunding Regulation Cryptocurrency
D
Defamation Law Deprivation of Liberty Safeguards Drug Crime Law
E
Education Law Entertainment Licence Environmental Law
F
Family Arbitration Family Law FCA Regulation Field Sports Financial Remedy Food Fraud Food Safety Law Fraud Freezing Orders Fundraising Regulator
G
General Data Protection Regulation
H
Harassment Law Health and Safety Law (Criminal Law) Health and Safety Law (Regulatory Law) Health and Welfare Healthcare Professional Discipline High Risk Investments
I
Industrial Disease Inheritance Act 1975 Inheritance, Wills and Probate Inquests Insolvency Law International Family Law Investment Fraud
L
Licensing Law Local Authority
M
Maintenance Pending Suit Media and Communications Mediation (MIAM) Money Laundering Mortgage Fraud Motoring Fraud Motoring Offences
N
NHS Performers List
O
Occupational Disease
P
Personal Injury Police Discipline and Police Regulations Police Law Pre-nuptial Agreements Prison Law Private Law Children Property and Affairs Public Law
R
Regulatory Law RSPCA Prosecution
S
SFO Investigation Solicitors Disciplinary Tribunal Special Education Law Sports Law Sports Law - Personal Injury
T
Tax Law Terrorism Law Toy Safety Trademark Law Trading Standards Trading Standards Law Trading Standards Prosecutions Traffic Commissioners Public Inquiries Training and Legal Support Tribunals Trust Law
V
VAT Fraud
x symbol

About

  • About Us
  • Our People
  • The Roger Scott St Pauls Trust
  • Wellbeing at the Bar
  • Policy Documents
  • Complaints Procedure
  • Facilities
  • Pupillage
x symbol
Scroll to Top