Civil Claim for Compensation against the Police and/or Crown Prosecution Service, with a particular focus on;

Adam has assisted numerous client’s over the years in bringing claims against the Police and/or the Crown Prosecution Service (see notable cases below). As noted above, Adam is a member of the Police Action Lawyers Group, which is a national organisation for Claimant Lawyers pursuing such claims. 

Here are some examples of the cases Adam pursues against the Police;

False imprisonment/unlawful arrest

A claim for false imprisonment against the police can be brought if the police have failed to establish the grounds of arrest that are governed by s.24 of the Police and Criminal Evidence Act 1984 (PACE 1984) and Code G. There are two grounds, which both have to be established;

a) Is there a reasonable suspicion to believe the offence has been committed?
b) Is it necessary to arrest?

It is only with Adam’s experience in this area of law that he is able to quickly identify whether the above grounds were met. If not, then this can result in compensation for the deprivation of liberty you suffered. An important facet to the above grounds is the necessity test and whether or not a voluntary interview would have been a more suitable and practical alternative.

Claims for False Imprisonment can also be brought in other circumstances, for example;

• A Police force, except in such circumstances when it is correctly and lawfully authorised, may only hold a detainee for a maximum of 24 hours. If they hold a detainee beyond this period, then it may amount to False Imprisonment. 
• If you have been arrested for breaching your bail conditions, then it is likely that you will be produced at Court. However, s.7 of the Bail Act 1976 provides that you must be brought to the Court within 24 hours. Again, if this is not the case, then you may be entitled to compensation. 

Assault/unlawful use of force

Adam has acted for many clients in taking action against public authorities for unlawful use of force. Force can only be used by a public authority that is reasonable/proportionate/necessary in the circumstances, pursuant to s.3 of the Criminal Law Act 1967 and s.117 of the Police and Criminal Evidence Act 1984. 

Even if an arrest is lawful, it does not mean that a police officer and/or other public authority can use unreasonable force. Adam has acted for many clients who have been subject to the unlawful application of a police taser, as well as those who have suffered serious injuries arising out of their contact with the police and/or other public authorities.

Adam also has significant experience in dealing with cases that are brought as a result of an individual being unlawfully strip searched (see below) and is particularly keen to act for those who are the most vulnerable.

Trespass to land (Unlawful search of property)

The police can only enter your property if they have lawful authority to do so. If they do not have lawful authority to do so then you could be entitled to compensation.

The police have numerous powers to enter a person’s property, including entering a property without a warrant. The Police and Criminal Evidence Act 1984 governs when a police officer has power to enter your home.

Interestingly, Adam has acted for clients when the police have entered an individual’s home with a warrant, yet executed the warrant incorrectly. The execution of a warrant is governed by s.16 PACE1984. If the warrant is not executed correctly then by virtue of s.15 PACE 1984, the search itself becomes unlawful.  Adam can advise you on whether or not a warrant was executed lawful and/or whether you are entitled to compensation.

Malicious prosecution

Malicious prosecution is a much more serious claim to allege against the police and/or Crown Prosecution Service (CPS). Adam has pursued numerous actions of this nature, including litigated matters to trial. This is an area of law which requires careful and thorough consideration by your solicitor, particularly given that you are suggesting that the public authority has acted maliciously (with an intention other than to bring you to justice).

There are five elements to bringing such an action, although the most contentious elements are usually;

• Did the police lack reasonable and probable cause to prosecute?
• Did the police act maliciously (with an intention other than to bring you to justice)?

Adam’s robust approach to taking on the police is brought about due to his experience in bringing such actions.

Misfeasance in public office

Misfeasance in public office is again, a serious allegation to bring against the police. It is also not a particularly common allegation that is brought before the Courts. However, Adam has done so on numerous occasions and been successful.

There are numerous legalities to overcome when bringing such a case and you can be confident that Adam has dealt with them before.

Equality Act 2010

Adam has brought numerous claims against the Police and/or CPS in respect of breaches of the Equality Act 2010. In particular, Adam has represented clients who have made allegations of;

• Racial Discrimination
• Disability Discrimination
• Gender Discrimination

Adam has a particular interest in acting for those who are the most vulnerable in our society. Adam has acted for many adults who lack capacity, for those who have complex mental health issues and for many children requiring a litigation friend.

Bringing a claim can be a daunting prospect for an individual. Adam has the compassion and knowledge necessary to ensure that a successful outcome is achieved.

Breach of the Human Rights Act 1998

In the majority of cases that are brought against the Police, not only will there be a common law claim, but there is likely to be a breach of your Human Rights. Again, Adam routinely pursues claim for breaches of;

• Article 2 – Right Life (Often will be a death in custody)
• Article 3 – Prohibition of inhumane, degrading and/or torturous treatment
• Article 5 – Deprivation of Liberty
• Article 8 – Right to private and family life
• Article 10 – Freedom of expression (Please click the link to find out more about this claim)
• Article 11 – Freedom of assembly and association (Please click the link to find out more about this claim)

It is essential that you make contact with Adam as soon as possible, as such claims are governed by a 12 month limitation period. 

Notable/Reported cases

Unlawful arrest/False Imprisonment, assault, disability discrimination and breaches of the Human Rights Act 1998 (Unlawful strip search) against the Chief Constable of Merseyside Police (2017). Read more.

Unlawful Arrest/ False Imprisonment and Misfeasance in Public Office against the Chief Constable of Merseyside Police (2016). Read more.

Unlawful arrest/False Imprisonment against the Chief Constable of Merseyside Police (2016). Read more.

Unlawful arrest/False Imprisonment and Misfeasance in Public Office against the Chief Constable of Merseyside Police (2015). Read more.

Unlawful arrest/False Imprisonment, Trespass to Person and Malicious Prosecution against the Chief Constable of Merseyside Police (2014). Read more.

Civil Claim for Compensation against Local Authorities (Family Law and/or Court of Protection related)

Adam is also experienced in pursuing civil claim for compensation, for breaches of the Human Rights Act 1998, against Local Authorities. Examples of such cases are;

Unlawful Deprivation of Liberty (Court of Protection)

Adam currently acts for numerous clients in pursuing civil claims for compensation against Local Authorities for a breach of Article 5 of the Human Rights Act 1998. The first key question for claims of this nature, if whether the client is being deprived of his/her liberty. This is a key legal question that Adam can assist you with. 

If so, then the Local Authority, provided they are providing and funding the care package of an individual who is at a care provider, are under a duty to ensure that any deprivation of that person’s liberty is lawful. That will usually come in the form of a standard authorisation and/or application the Court of Protection.  If this has not been done, then there is scope for a potential civil claim for compensation.

Adam works alongside the Court of Protection team in cases of this nature, which is headed up by Melanie Varey. There is therefore an array of experience in dealing with claims of this nature. 

Abuse in a Care Home

Unfortunately, this is still an ongoing concern in many care homes. It can be particularly traumatic to find out that your loved one has been abused in a care home, which is being paid for by the local authority. 

In some circumstances, this can amount to a breach of your loved ones Article 3 rights (Please see above for further information). Adam has plenty of experience in pursuing such claims and has been successful in doing so. 

S.20 Accommodation agreements and/or Care Order delays

Adam is currently acting for a number of client’s for a breach of Article 8 of the Human Rights Act 1998, in circumstances in which the Local Authority has unlawfully removed a child from home.  Specifically, if the Local Authority have sought agreement from an individual to remove a child from their home, known as a s.20 agreement, in circumstances when that individual lacked capacity to consent, then this may be unlawful. 

In addition, a s.20 accommodation agreement is meant to be a short term measure. If the Local Authority fail to make an application for a care order in a reasonable time, following a s.20 agreement, then this delay may also be unlawful. In both circumstances, this may amount to a breach of Article 8 of the Human Rights Act 1998. 

Failing to remove a child from home 

In addition, Adam represents client’s in circumstances when the Local Authority at are ‘at fault’ for failing to remove a child from home, when it was obvious to do so and/or they have suffered abuse. These are particularly sensitive cases and ought to be dealt with by a specialist Solicitor. 

There has been a recent development in this area and therefore, it is important that you seek advice immediately. Failing to remove a child from an abusive home can cause serious long term harm. This may amount to a breach of your Article 8 rights. 

Civil Claim for Compensation against HM Courts and Tribunal Services

This is an area that can often be particularly complex. In a lot of situations, the Court and Tribunal Service are not liable, as they often have the benefit of being ‘immune’ from suit. However, there is still scope to take action against the Court and Tribunal Service, particularly if they have breached your Human Rights. 

Often it will be the Court who is at fault who your unlawful imprisonment, for example, by sending a summons and/or letter to an incorrect address. In these circumstances, it would be the Court and Tribunal Service who have breached the Data Protection Act 1998. You may be entitled to claim compensation from them.

Judicial review and compensation claims against government departments, the police and public bodies on behalf of individuals for breach of the Human Rights Act 1998

Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.

It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision.

This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way.

Adam pursues Judicial Reviews against any of the bodies that have been mentioned within. Again, it is important that you contact Adam immediately as applications for Judicial Review must be made ‘promptly’, or certainly within 3 months from the date of the decision. 

Complaints against the police via the professional standards department and independent police complaints commission, with a particular focus on misconduct and gross misconduct proceedings.

Adam has pursued numerous complaints via both the Professional Standards Department and additionally, the Independent Office for Police Conduct (Formerly IPCC). Take a look at Adam’s blog on the recent changes – Link here. 

Such complaints will often be the start of any action against the Police and may ultimately result in a future civil claim for compensation. It is important that you make contact immediately with Adam, as most complaints must be lodged within 12 months from the date of the incident.

Adam has progressed complaints up to and including Gross Misconduct Proceedings and additionally, has challenged the Police and secured prosecutions in the Criminal Courts. Again, these are particularly sensitive issues and it is vitally important that you seek to instruct Adam from the outset. 

Examples of complaints;

• Unlawful Arrest
• Assault
• Incivility
• Misconduct
• Gross Misconduct
• Discrimination
• Corruption

You may complain about anything you have been dissatisfied with, when being dealt with by the Police. 

Civil Claims for Compensation for a breach of the Data Protection Act 1998, against public bodies

Compliance with data protection law is a serious issue. Non-compliance could potentially cost a public body or local authority hundreds of thousands of pounds if that organisation should face legal proceedings for breach of data protection laws. Adam has pursued several claims, in which public bodies have breached an individual’s data protection. 

This is a fast developing area of law. Public bodies are becoming under bigger scrutiny to ensure that they do not breach individual’s data. If they do, then you may be able to claim compensation.

S.13 of the Data Protection Act 1998 provides that individuals may sue in circumstances when they have suffered a) damage or b) distress. This means that you only have to show that such a breach caused you some level of distress in order to claim compensation. 

Again, it is important that you instruct a specialist Solicitor to deal with such claims.