Actions Against The Police

David Phillips and Partners solicitors successfully pursued an actions against the police claim for wrongful arrest and false imprisonment on behalf of G.J. against HMCS. G.J. was detained overnight due to an error at court which led to him being mistaken for another. He was awarded damages and the error acknowledged as a result of David Phillips and Partners solicitors’ involvement.

G.J. appeared before Mold Magistrates’ Court and pleaded not guilty to a charge of possessing Class A drugs with intent to supply. He was granted unconditional bail at that hearing. A co-accused did not attend so a no bail warrant was issued for the co-accused to be arrested.

G.J. was subsequently arrested on an unrelated matter. He was granted bail in respect of that, but detained by the police for 15 hours due to an outstanding bail warrant from Mold Magistrates’ Court, where he was taken the following day.  

At Court the mistake was identified. The prosecutor had previously confused G.J. with his co-accused in respect of the charge of drug possession so the no bail warrant was recorded by the court staff against G.J.’s name. G.J. was released after 15 hours unlawful detention.

G.J. instructed David Phillips and Partners solicitors to pursue the claim for wrongful arrest and false imprisonment. The police denied liability on the basis that they were acting on information provided by HMCS. Following investigations, HMCS admitted the mistake but blamed the Court Prosecution Service (“CPS”), claimed immunity from suit, and offered £50 compensation only. We advised G.J. to reject the offer and issue proceedings against HMCS on the basis that they failed in their duty to check the information provided by the CPS before issuing the warrant.

David Phillips and Partners solicitors issued proceedings on behalf of G.J.. HMCS denied liability but, following negotiations, settled G.J.’s claim for wrongful arrest and false imprisonment for £1500 plus full legal costs.