Camberwell Green Magistrates Court Case Study

1077 Words 4 Pages
The police were informed of a domestic issue at the home of Candice Lecky, the claimant’s girlfriend. Mr. Walker was accused of punching miss Lecky and the police had come over to investigate. The events that followed are recorded differently by Mr. Walker and PC Adams. Nonetheless, Mr. Walker was arrested a few minutes later and taken to the police station were he was detained for another 7 hours before being released . Mr. Walker was charged with “assault of a police officer in the execution of his duty” but was acquitted on the grounds that PC Walker had unlawfully infringed upon his freedom of movement.

Two years after the trial in Camberwell Green Magistrates Court, Mr. Walker issued a claim asking for damages for “false imprisonment, assault and malicious prosecution”. The trial judge ruled in favour of the police and Mr. Walker was only allowed limited appeal on
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It is shocking that this could have been allowed to fly under the radar. If it was agreed in appeal that there was indeed a case of false imprisonment, coupled with the physical injury Mr. Walker faced at the hands of the police, how then could the damages be set at a meagre 5 pounds?. False imprisonment involves interfering with a person’s liberty which cannot be valued at only 5 pounds. In R v Governor of HMP Brockhill ex parte Evans (No 2), Lord Woolf addressed the issue on damages for false imprisonment by stating,”there can be two elements to an award of damages for false imprisonment, the first being compensation for loss of liberty and the second being the damage to reputation, humiliation, shock and injury to feelings resulting from the loss of liberty”. If we use this as a measure, not only was Mr. Walker entitled to compensation for the tort of false imprisonment but he should have been compensated for injury claims as

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