This arrest warrant claim case report is about Mr. D, a 22 year old manager at a London pawnbrokers.
He returned from holiday with his girlfriend to be arrested at Gatwick airport by the police using an arrest warrant .
He was whisked away from his girlfriend by two uniformed police officers after having passed through passport control. He was in full view of other holidaymakers.
Mr. D was shocked and confused as the police did not give him any explanation as to why he was being arrested, other than to say that he was to be questioned on fraud charges.
About 25 minutes later he was transferred to the nearest police station. He was handcuffed to the front, even though he offered no resistance and was later reported to be ‘co-operative’ by the police.
Detained under a Police Arrest Warrant
The police searched Mr. D’s suitcase and booked him in. He was made to remove his tracksuit bottoms as they had a cord, and even though he weighs 18 stone, issued him with tight fitting police trousers.
He asked for a solicitor, but the request was ignored.
Mr. D was put in a cold police cell where he was kept until 1.30a.m.. Again, no explanation other than ‘fraud charges’ was provided. He was scared and confused.
The police then told him that he was to be transferred to another police station. Again, even though he did not resist, Mr. D was handcuffed for the journey, which took 35-40 minutes.
Mr. D repeatedly asked for a solicitor. Instead he was put in a cell overnight.
Personal Data Taken After Arrest Warrant
The next morning Mr. D was asked to provide his fingerprints. He agreed. He was asked to agree to a drug test and told that he would be prosecuted if he refused. He felt that he had no alternative but to agree to the test.
At 9 a.m. he was allowed to phone his mother, and was told a solicitor had been contacted.
The Duty Solicitor told him that he had been arrested because of a stolen cheque being cashed the previous year. Mr. D confirmed that, in fact, he was the manager of the pawnbrokers and had called the police when a woman tried to cash the cheque at his work.
So rather than being responsible for the alleged fraud, he was the one who had reported it.
The solicitor asked if the police were aware of this. Mr. D explained that this was the first time he had heard about the allegations, so that it was not likely.
He was made to wait for another 1 ½ hours in a police cell before being released with an apology. The police joked that they had saved him the cost of a lift home as the police station he was now in was closer to his home than the airport.
He had spent about 13 hours in police custody, and decided to make an arrest warrant compensation claim.
Specialist Solicitors who take Arrest Warrant Claims
Mr. D contacted Donoghue Solicitors to investigate whether he should make an arrest warrant claim.
Kevin Donoghue, Solicitor Director, immediately requested the full custody record and demanded that any relevant evidence be preserved.
On review of the custody record Mr. Donoghue considered that the arrest at Gatwick airport was unlawful, not being based on a reasonable suspicion for which Mr. D could be detained. He also felt that the police were negligent in circulating the arrest warrant.
Kevin Donoghue wrote to the police on Mr. D’s behalf and made an arrest warrant claim for:
- the embarrassing unlawful arrest,
- assault & battery (including wrist injuries caused by the handcuffs), and
- unlawful detention.
He confirmed to the police that he was acting by way of a conditional fee ‘no win no fee’ agreement as Mr. D was not eligible for legal aid.
Police Defence to an Arrest Warrant Claim
The police instructed their own specialist defence solicitors, who delayed in providing a full response to the allegations or an offer of settlement.
As a result, Mr. Donoghue was forced to issue court proceedings to protect Mr. D’s right to make an arrest warrant claim.
Although the police claimed they were not responsible, they made a ‘Part 36 offer’ of £2,500 in full and final settlement of Mr. D’s arrest warrant claim. This procedure put him at risk on legal costs.
Maximum Damages for an Arrest Warrant Claim
Kevin Donoghue reviewed the police’s offer with Mr. D. He recommended that the offer should be rejected.
To maximise Mr. D’s arrest warrant claim, Kevin:
- demanded more information from the police as to what the offer related to,
- explained in detail why the police’s behaviour justified a higher settlement, and
- referred to legal case law to support his arguments.
In response, the police’s solicitors stated that the arrest was lawful, being conducted on the basis of information on the Police National Computer. They also argued that damages would be minimal, being based in negligence only, and refused to admit liability. However, they doubled their offer (to £5000) on a ‘Part 36’ basis.
Kevin Donoghue reviewed the further offer with Mr. D, who confirmed he was very happy with it and authorised acceptance.
Mr. D received £5000 plus his full legal costs.
How to Start Your Own Arrest Warrant Claim
Mr. D was fortunate in that he instructed Donoghue Solicitors, experts in arrest warrant claims. Kevin Donoghue was not put off by:
- the police’s delaying tactics,
- denial of liability,
- low-ball offer,or
- threats on legal costs.
Instead, he used his years of experience and the resources of Donoghue Solicitors to keep the pressure on, resulting in an excellent settlement which was twice as much as the police initially offered.
Contact us today by calling 08000 124 246 or by completing the online form on this page.
We’re waiting to help you start your arrest warrant claim.
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