5 Essex Court

Alan Payne QC

Call 1996
Silk 2019

Police Law

Alan acts on behalf of the police in Inquiries, challenges to warrants, claims of assault, false imprisonment, Malicious Prosecution, misfeasance and employment matters.

Recent cases include:

Durrant v Chief Constable of Avon & Somerset Constabulary [2017] EWCA Civ 1624 – award of damages for discriminatory conduct during arrest.

R (on the application of XY) v (1) Crown Court, (2) Chief Constable of Northumbria (3 ) DPP [2017] EWHC 52 - whether it had been lawful to identify an informant in order to proceed with a trial despite the risk of harm he might face as a result of being identified.

Durrant v Chief Constable of Avon & Constabulary [2017] EWCA Civ 1624  – the Court of Appeal allowed in part an appeal against the High Court’s decision to reject a claims of discrimination.

Mouncher & ors v Chief Constable of South Wales Police [2016] EWHC 1367 - 3 month trial of claims by 14 former police officers of malicious prosecution, misfeasance and false imprisonment.

Daniels & Ors v Chief Constable of South Wales [2015] EWCA Civ 680 - whether a Chief Constable was immune from suit in respect of decisions to start and continue prosecutions.

Durrant v Chief Constable of Avon & Constabulary [2013] EWCA Civ 1624: - the Court of Appeal gave guidance as to the non-compliance with CPR in line with the judgment in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, [2014] 1 W.L.R.

Desmond v Chief Constable of Nottinghamshire [2011] EWCA Civ 3 - a chief constable responding to a request for information to be included in an enhanced criminal record certificate under the Police Act 1997 s.115(7) did not owe a duty of care to the person applying for the certificate

Barry George v. Metropolitan Police Service [2010] EWHC 324-  challenge brought by the Claimant to the lawfulness of the decisions of the Panels, chaired by the MPS, to include him in the Multi-Agency Public Protection Arrangements (MAPPA) scheme. The Claimant was unsuccessful in his claim that his inclusion in MAPPA was (i) unlawful and/or (ii) unduly intrusive amounting to an infringement of his Article 8 rights, on the grounds that they are disproportionate to the aim pursued in imposing them

Coker v IPCC & MPS & Wood [2010] EWHC 3625 - the High Court held that the Independent Police Complaints Commission was entitled to revise its decisions as to what, if any, recommendations as to disciplinary action should be brought against a police officer.