Wrongful Arrest in UK Law

Leading Cases
  • O'Hara v UK
    • House of Lords
    • 12 Dic 1996

    The information acted on by the arresting officer need not be based on his own observations, as he is entitled to form a suspicion based on what he has been told. The information acted on by the arresting officer need not be based on his own observations, as he is entitled to form a suspicion based on what he has been told.

  • Thompson v Commissioner of Police of the Metropolis
    • Court of Appeal
    • 19 Feb 1997

    (5) In a straightforward case of wrongful arrest and imprisonment the starting point is likely to be about £500 for the first hour during which the plaintiff has been deprived of his or her liberty. After the first hour an additional sum is to be awarded, but that sum should be on a reducing scale so as to keep the damages proportionate with those payable in personal injury cases and because the plaintiff is entitled to have a higher rate of compensation for the initial shock of being arrested.

    Such damages can be awarded where there are aggravating features about the case which would result in the plaintiff not receiving sufficient compensation for the injury suffered if the award were restricted to a basic award.

  • Hill v Chief Constable of West Yorkshire
    • House of Lords
    • 28 Abr 1988

    There is no question that a police officer, like anyone else, may be liable in tort to a person who is injured as a direct result of his acts or omissions. So he may be liable in damages for assault, unlawful arrest, wrongful imprisonment and malicious prosecution, and also for negligence. Instances where liability for negligence has been established are Knightly v. Johns [1982] I W.L.R. 349 and Rigby v. Chief Constable of Northamptonshire [1985] 1 W.L.R. 1242.

  • Michael Alford v Chief Constable of Cambridgeshire Police
    • Court of Appeal
    • 24 Feb 2009

    If, as was the premise of Sedley LJ's observation, the arresting officer has such a suspicion and the briefing provides reasonable grounds for the suspicion, the arrest will be lawful. In those circumstances the omission of relevant material from the briefing cannot possibly render the briefing officer liable for wrongful arrest, since there is no wrongful arrest for which he can be liable, whether as sole or joint tortfeasor.

  • Willers v Joyce (No 1)
    • Supreme Court
    • 20 Jul 2016

    It is thus not helpful (as I see it) to note that it is now commonplace for claimants to be required to give undertakings as a condition of obtaining a freezing order.

  • Leachinsky v Christie
    • House of Lords
    • 25 Mar 1947

    4. The requirement that he should be so informed does not mean that technical or precise language need be used. The matter is a matter of substance, and turns on the elementary proposition that in this country a person is, prima facie, entitled to his freedom and is only required to submit to restraints on his freedom if he knows in substance the reason why it is claimed that this restraint should be imposed.

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Books & Journal Articles
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Law Firm Commentaries
  • Ship arrests in the UK – can an arresting party be required to give cross-undertakings in damages?
    • LexBlog United Kingdom
    • Reed Smith LLP
    • 2 de Agosto de 2018
    The law on ship arrest in England is well-entrenched. In essence, a party’s ability to arrest a ship in the UK occurs as of right. Accordingly, a shipowner will be unable to recover any compensatio...
    ......Accordingly, a shipowner will be unable to recover any compensation at all for wrongful arrest unless the arrest was obtained by mala fides (bad faith or malice) or crassa negligentia (gross negligence). This would also include whether a ......
  • The Thin Blue Line
    • Mondaq United Kingdom
    • 10 de Septiembre de 2009
    ......dismissing their claims for wrongful arrest by the defendant's. officers. Background. On 22 January 2005, the ......
  • Congentra Ag v Sixteenthirteen Marine Sa [2008] Ewhc 1615 (Comm)
    • Mondaq United Kingdom
    • 13 de Agosto de 2008
    ...... charter and wrongful interference with the owners'. business. As a result, owners ... arrest." Mr. Justice Flaux's view was that. recognising a tort of wrongful ......
  • Ship Arrests In The UK – Can An Arresting Party Be Required To Give Cross-Undertakings In Damages?
    • Mondaq UK
    • 8 de Agosto de 2018
    ......Accordingly, a shipowner will be unable to recover any compensation at all for wrongful arrest unless the arrest was obtained by mala fides (bad faith or malice) or crassa negligentia (gross negligence). This would also include whether a ......
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