Farleys were instructed on behalf of Mr S in connection with a claim against the Chief Constable of Lancashire Constabulary for damages for false imprisonment.
On the 23rd December 2010 at approximately 11pm Mr S was arrested and brought to Greenbank Police Station for breaching the peace, following an incident with his partner. Mr S was assessed as being drunk and was put in a cell. Due to the Christmas period, the 24th December 2010 was the last Court date in which Mr S could have been produced to accept a binding over. Instead of being dealt with quickly and efficiently, staff at Greenbank Police Station did not prepare his file on time and as such the Claimant missed the Court cut off time.
As a result of the police failures to act in a reasonable expeditious manner Mr S was detained until the next Court date, that being the 27th December 2010. As a result of this, he missed Christmas with his family and had to remain in police custody.
Following his detention, the Claimant was released without charge.
How Farleys’ Claims Against Public Authorities Department Helped
Mr S was held in police custody for an unreasonably long period of time in the circumstances. Farleys expert team sought redress for this action, and argued on behalf on Mr S that he should have been released from custody on the 24th December 2010. His prolonged detention after this date was not justified on the basis that there was no longer any real apprehension based on reasonable grounds that he would have renewed his breach of the peace, nor had there been any proper assessment of that risk.
As such his detention from the 24th December 2010 onwards was not justified and was unlawful.
Mr S argued that he was fit to be charged and presented to the Court on the morning of the 24th December. His partner had also expressed a wish to an officer who attended at her home that she wanted the Claimant home for Christmas.
Liability was firmly denied on the basis that the Mr S was noted in the custody record between the hours of 7.50am and 12.30pm on the 24th December to be sobering up in his cell and he was not fit to attend court.
Lancashire Constabulary heavily defended this claim for over 2 years, causing Mr S to issue proceedings against the Chief Constable. Here at Farleys our specialist solicitors were able to eventually settle the claim prior to trial in the Mr S’s favour, he was awarded the sum of £6,000 and also successfully recovered his legal costs.