This court warrant claim case report involves Mr. C, a 52 year old caretaker from Swindon.
He had been for relaxing two week holiday to Florence, Italy with his partner. After enjoying the sights of Northern Italy he landed at Gatwick Airport and walked to passport control as normal.
At the immigration officer’s desk he handed over his passport. The immigration officer called the airport-based police over. Five officers arrived and Mr. C was cautioned in full view and earshot of people in the immigration hall. They said that there was an outstanding court warrant for Mr. C’s arrest and that he was to be taken in for immediate questioning.
He was taken to Crawley Police Station, having to leave his belongings and startled partner at the airport.
Police Conduct Leads to Court Warrant Claim
At the station he found out that the court warrant related to a breach of bail matter which had been dealt with in 2008. Mr. C demanded that he should be released as he should never have been arrested.
The police agreed to investigate, but detained Mr. C in a police cell while doing so.
At 10:30pm, nearly two and a half hours later, the police confirmed that Mr. C was correct, and that the police national computer (‘PNC’) had not been updated in 2008 to confirm that he was no longer of interest.
Instructing Solicitors to Take a Court Warrant Claim
Mr Donoghue identified the issue of negligence on the part of the police due to the failure to update the PNC. Because of this, Kevin submitted the claim to the Chief Constable of Wiltshire Police, as it was his staff who failed to ensure that the PNC was up to date.
Kevin Donoghue claimed compensation for Mr. C but, as Mr. C was not eligible for legal aid, Donoghue Solicitors took his court warrant compensation claim on a conditional fee (‘no win no fee’) basis.
Successful Court Warrant Claim
Following investigations, the police admitted liability for their error and offered £836.06 plus a 50% uplift for the aggravated damages.
Kevin Donoghue advised Mr. C to reject this offer, as it under-valued his court warrant claim.
Mr. C agreed and, following negotiations, Mr. Donoghue settled his court warrant claim for £1800 plus his full legal costs. This was an excellent settlement which Mr. C was very happy with.
Making Your Own Court Warrant Claim
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