David Phillips & Partners Solicitors

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Actions Against The Police

Action against the police for false imprisonment: O.O.-v- Crown Prosecution Service (“CPS”)

24/06/2009

O.O. was charged with serious wounding and remanded in custody without police bail pending trial. He was subsequently released after an unlawful 10 day delay. Our actions against the police solicitors ensured he was compensated for false imprisonment.

O.O. initially instructed David Phillips and Partners solicitors criminal defence team to represent him on a serious charge of s.18 wounding under the Offences Against the Person Act. Police bail was refused, as was bail in the Magistrates’ Court, and he was remanded in custody.

The case was committed to the Crown Court. While awaiting trial, the CPS informed O.O.’s criminal defence solicitors that they would not be pursuing the prosecution due to insufficient evidence. They stated that they would seek to have the case listed for a hearing before a Judge within a few days, when O.O. could expect to be released.

The CPS failed to arrange for the hearing until 10 days later, despite prompting from us.

O.O. instructed David Phillips and Partners’ actions against the police solicitors to pursue a claim for false imprisonment. Following our representations they accepted liability and agreed a settlement of £1500 plus full costs.

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