Summary
For an unlawful arrest, a defendant seeking to limit damages to nominal damages must prove that the claimant would, not merely could, have been lawfully arrested in the counterfactual. Lawfulness under Police and Criminal Evidence Act 1984, section 24 requires the arresting officer personally to hold the relevant suspicion and belief on reasonable grounds. The statutory necessity requirement is distinct from a Wednesbury challenge and requires reasonable grounds for believing that arrest is necessary. The threshold for reasonable suspicion is low, but the police must assess the quality and reliability of the information available in the circumstances. The counterfactual is fact-sensitive and must reflect what would probably have happened if the tort had not occurred.
Factual background
The claimant, Michael Ciaran Parker, brought proceedings against the Chief Constable of Essex Police alleging unlawful arrest and false imprisonment. Liability had already been determined in his favour because the officer who arrested him lacked the information required by O’Hara v Chief Constable of RUC. The defendant accepted liability but contended that the claimant was entitled only to nominal damages because he would otherwise have been lawfully arrested by the designated officer.
The preliminary issue was whether the claimant could and would have been lawfully arrested but for the unlawful arrest, applying the principles in R (Lumba) v Secretary of State for the Home Department. The court considered the requirements of suspicion and necessity under section 24 of PACE and the appropriate counterfactual.
Held
- Lawful arrest. The arresting officer must personally suspect that an offence has been committed, suspect that the person arrested is guilty, believe that arrest is necessary for a reason in section 24(5), and hold each state of mind on objectively reasonable grounds. The court formulated the adjusted Castorina v Chief Constable of Surrey questions to reflect the statutory necessity requirement.
- Information and reasonable suspicion. An officer may rely on information supplied by others, including hearsay and intelligence, but may not simply obey an order. The relevant material is that in the arresting officer’s mind. The court must assess its quality, reliability and context. Further inquiry may be required where the circumstances make reliance without inquiry unreasonable. The threshold for reasonable suspicion is low and falls well short of a prima facie case.
- Application. The designated arresting officer, DC Jenkins, could have arrested the claimant lawfully. There were reasonable grounds to suspect that rape and murder had been committed and that the claimant, one of a small closed group with the opportunity to commit the offences, was guilty. The serious medical evidence and operational need for simultaneous arrests supplied reasonable grounds for believing arrest was necessary. The unreliable bad-character material and weak medical-centre information could not properly be relied upon, but their removal did not eliminate reasonable suspicion.
- Counterfactual and damages. Under R (Lumba) v Secretary of State for the Home Department, the defendant had to prove that lawful arrest would have occurred, not merely that it could have occurred. The proper counterfactual was what would probably have happened if the unlawful arrest had not taken place, without assuming that the officers would appreciate the legal defect or wait for the designated officer. The evidence showed that another surveillance officer would have arrested the claimant on sight and would also have done so unlawfully.
- Disposition. The defendant failed to establish that the claimant would have been lawfully arrested. The claimant was therefore not restricted to nominal damages.
The court’s approach to earlier authorities
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Appeal route
- This judgment [2017] EWHC 2140 (QB) High Court (Queen's Bench Division)
- Appealed to[2018] EWCA Civ 2788Outcomeappeal allowed; claimant entitled to nominal damages only
Key cases cited
17 authorities cited.
- Shepherd Masimba Kambadzi (previously referred to as SK (Zimbabwe)) (FC) v Secretary of State for the Home Department [2011] UKSC 23
- Walumba Lumba (previously referred to as WL) (Congo) 1 and 2 v Secretary of State for the Home Department [2011] UKSC 12
- O’Hara v Chief Constable of the Royal Ulster Constabulary [1997] AC 286
- Bostridge v Oxleas NHS Foundation Trust [2015] EWCA Civ 79
- Hayes v Merseyside Police [2011] EWCA Civ 911
- Buckley & Ors v Chief Officer of the Thames Valley Police [2009] EWCA Civ 356
- Alford v Chief Constable of Cambridgeshire Police [2009] EWCA Civ 100
- Armstrong v Chief Constable of West Yorkshire Police [2008] EWCA Civ 1582
- Commissioner of Police of the Metropolis v Raissi [2008] EWCA Civ 1237
- Cumming & Ors v Chief Constable of Northumbria Police [2003] EWCA Civ 1844
- Hough v Chief Constable of the Staffordshire Constabulary [2001] EWCA Civ 39
- Richardson v The Chief Constable of West Midlands Police [2011] EWHC 773 (QB)
- Parker v Chief Constable of the Hampshire Constabulary CA 25 June 1999 Unreported
- Mulvaney v The Chief Constable of Cheshire 1990 WL 10631329
- Mohammed-Holgate v Duke (Holgate-Mohammed v Duke) [1984] AC 437
- Hussien v Chong Fook Kam [1970] AC 942
- Dumbell v Roberts [1944] 1 All ER 326
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Cases citing this case
6 later cases · 5 positive · 1 caution
Most senior citing decisions:
- ALK & Anor v The Chief Constable of Surrey Police [2025] EWHC 1964 (KB) followed
- Director of Public Prosecutions v Sidney Price & Anor [2024] EWHC 2864 (Admin) applied
- Alexis Karalis v Chief Constable of Derbyshire Constabulary [2023] EWHC 1496 (KB) applied
- DE v The Chief Constable of West Midlands Police [2023] EWHC 146 (KB)
- SANJAY SINGH TAAK v THE CHIEF CONSTABLE OF NOTTINGHAMSHIRE POLICE [2022] EWHC 1280 (QB)
- Magee & Anor v Derbyshire Police [2020] EWHC 3569 (QB)
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