Court warrants compensation claims can be made if a court warrant has been unlawfully obtained or carried out against you.
Court warrants (click on the link for an explanation and more information) are usually issued by a Magistrates’ Court at the request of the police.
- arrest warrants
- search warrants
- warrants of commitment
- warrants of further detention
You can read more about them by clicking on the ‘warrant definition‘ page.
How a Court Warrant Can Result in a Compensation Claim
Court warrants are prepared by court staff based on information provided by the police.
Mistakes can be made by court staff when writing the court warrant.
If the defective warrant is used by the police it can mean that compensation is paid.
Examples of Court Warrants Compensation Claims:
1. Search Warrants
When the police obtain a search warrant they will include an address for search on the warrant.
A mistake is no defence to a claim for trespass, so the police themselves will be liable to the lawful occupier if they go to the wrong property (e.g. they search Flat 1 when the warrant says they should go to Flat 11).
Alternatively, the court service may be liable if they incorrectly entered the address on the search warrant and the police then used that information to search the wrong property.
2. Arrest Warrants
In a similar way to search warrants, the police can mistakenly arrest someone under an arrest warrant because they did not ensure that the person standing in front of them was the same as the person named in the warrant. For example, where a father and son share the same name.
The person who is wrongfully arrested has a right to claim compensation as a result.
What Court Warrants Compensation Claims Can I Make?
Every case is different, so it is best to contact Donoghue Solicitors for advice.
We will consider if you are entitled to compensation for:
- wrongful arrest/ false imprisonment
- taking of DNA/ fingerprints
- an unlawful search of your home/ premises/ car
- malicious prosecution
- damage to personal property
- and any other relevant claims.
What is My Court Warrants Compensation Claim Worth?
Again, every claim is different, so contact Donoghue Solicitors on 08000 124 246 to find out.
As a guideline, the civil courts consider an hour’s unlawful detention to be worth in the region of £842.26, rising to £5,053.55 if you are kept for 24 hours.
On top of that, compensation is paid for all the items listed above.
Where the police have caused damage to feelings, or acted in an unconstitutional, arbitrary or oppressive way, additional damages (known as ‘aggravated’ and ‘exemplary’ damages) can be paid.
Read our police abuse compensation page for more information.
Instructing a Solicitor to Deal With Your Court Warrants Compensation Claims
Donoghue Solicitors are experts in this area of law. We are members of the Police Action Lawyers Group, dedicated to representing people who have suffered as a result of unlawful police actions.
Legal costs are always an issue when instructing a solicitor. Read our section on costs to find out more about our ‘no win no fee‘ service.
We’re waiting to help you with your court warrant compensation claims.
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