5 Essex Court


9 Jun 22 Back to Listing

Jonathan Landau successful in false imprisonment jury trial, with costs awarded in full against the Claimant

Jonathan Landau was instructed by Weightmans on behalf of Essex Police. The jury trial before HHJ Duddridge concerned the arrest of a man following a domestic dispute.  The Claimant argued that the arrest was not necessary because the police did not consider alternatives such as requesting voluntary attendance at the police station. The judge agreed with Jonathan’s submission that the jury be directed that there is no requirement for the police to consider all alternatives in reaching a decision as to whether an arrest is necessary. The jury went on to find that the arresting officer believed the arrest was necessary for the two reasons she gave at the time. The judge accepted that the belief was reasonable.

The Claimant sought to avoid costs liability on the basis of QOCS but the judge accepted Jonathan’s submission that the particularised injury did not fall within the definition of ‘a claim for personal injuries’ set out in CPR 2.3.  Moreover, no medical evidence was filed with the claim nor called at trial.  Accordingly, the judge agreed that the claim did not include a claim for person injuries, so the QOCS regime had no application and he ordered costs in favour of Essex Police in full.