As you can see from our website, we specialise in actions against the police.
What are actions against the police?
The law in England and Wales allows you to claim compensation from the police (and others) when they have abused their extensive powers and you have suffered as a result. Solicitors call these compensation claims various things, including:
- actions against the police
- claims against the police
- civil actions against the police
- compensation claims against the police
- legal claim for compensation from the police
You can claim against any of the 43 police forces in England and Wales, the British Transport Police, or those acting with police-like powers (such as shop security staff, public transport guards, court security, immigration officials etc. Read how we helped one client do that here.).
Legal Basis of Actions Against the Police
If you are a victim of police misconduct you can use a combination of statute (laws made by Parliament) and common law (cases heard in court that clarify existing laws) to make your claim.
Tort law is the basis of these claims. That is, a wrongful act or infringement of a right which gives rise to a legal liability.
In actions against the police tort laws provide a remedy against violation of a person’s body and home. So you can claim for false imprisonment, assault, and trespass. They also offer a remedy when the police abuse their public powers. This enables you to claim for malicious prosecution and misfeasance in public office where you have suffered due to a deliberate misuse of power by the police. Depending on the facts, you might be able to claim for those things and/or:
- police negligence
- breach of Human Rights legislation
- breach of the Data Protection Act
Actions Against the Police Legal Procedure
Because actions against the police are civil claims, the parties involved use the Civil Procedure Rules.
They can agree to follow a pre-action protocol such as the one for personal injury, to make sure that the case progresses, the parties give proper disclosure (production of documents, CCTV footage etc.), and costs are effectively managed.
Civil actions against the police are one of the few remaining areas of law where the victim of police misconduct can choose to have a jury trial instead of just having a judge hear the case alone. Judges manage jury trials and direct the jury on the relevant issues. They can often take days.
Help with Actions Against the Police
Because this is a niche area of law, solicitors who deal with actions against the police are specialists. For expert help, speak to a member of the Police Action Lawyers Group (link here) such as Kevin Donoghue, Solicitor Director of Donoghue Solicitors. Click here and here for examples of actions against the police we can help you with. See what our clients think of us by reading some genuine client reviews.
For more information about how to claim compensation please:
- read more here;
- call Kevin Donoghue, solicitor, on 08000 124 246; or
- complete the online form on this page.
We look forward to helping you with your actions against the police claim.
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