David Phillips & Partners Solicitors

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Actions Against The Police

Actions against the police claim for wrongful arrest and false imprisonment: W.L.-v-Chief Constable of Merseyside Police (“CCMP”)

24/06/2009

W.L. was initially arrested and detained on the grounds of an offence which does not exist. While still in police detention, he was subsequently charged with breach of an ASBO until he was eventually released without charge. David Phillips and Partners’ actions against the police solicitors ensured W.L. was compensated for his wrongful arrest and false imprisonment by the police.

W.L. was arrested and charged with “breaking/ likely to break his bail conditions”. He was detained at a police station for almost 2 ½ hours before being charged with a further offence of breach of an Anti-Social Behaviour Order. He remained in custody for almost 16 hours when the police released him without charge.

David Phillips and Partners actions against the police solicitors advised W.L. that the initial offence of “breaking/ likely to break his bail conditions” did not exist. This meant that the initial arrest and detention were unlawful. The second charge of breaching the ASBO was also unlawful in our opinion, as it had been used to allow the police to investigate whether W.L. was on bail. We submitted W.L.’s claim to CCMP on this basis and demanded an admission of liability and compensation for wrongful arrest and false imprisonment.

Following negotiations, David Phillips and Partners actions against the police solicitors secured £2,475 plus full legal costs for W.L. in respect of his wrongful arrest and false imprisonment claim.

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