Farleys acted on behalf of the Client A in the proposed action against G4S Care and Justice Services as a result of his unlawful detention for a period in excess of 70 hours.
Client A stood trial but due to a number of issues his trial did not proceed. A re-trial was fixed for later that year and Client A was granted bail to be released immediately upon surrender of his passport.
Following Client’s A initial arrest and first court appearance, he was remanded to HMP Liverpool. He was thereafter transferred to HMP Birmingham where he remained until trial. He was thereafter transferred to HMP Preston where he remained until his subsequent release from custody on bail.
When bail was granted it emerged that Client A’s passport was not present at court with him. He was therefore returned to HMP Preston and remained there over the course of the weekend whilst enquiries were made as to the exact location of his passport. Through a process of elimination, Client A’s passport was discovered at HMP Birmingham where he had spent only 3 days. Further delay was caused by the fact that prison staff at HMP Birmingham advised that they could not access the prison safe at weekends. Once the safe could be accessed, further delay was caused in transferring the passport from HMP Birmingham to HMP Preston due to the distance. Client A’s criminal solicitor therefore appeared before the Learned Judge to explain the situation and an agreement was made with the Judge that provided HMP Birmingham faxed a copy of the passport, she would be content for the Claimant to be released prior to the actual passport being surrendered.
The Claimant was eventually released having spent an additional 3 days in custody.
How Farleys’ Actions Against the Police Department Helped
Following the instruction of Client A, a letter of claim was immediately sent to the Defendant being the organisation responsible for the management of HMP Birmingham, the establishment from which the claim arose. Liability was admitted and an offer to settle the claim was put forward by the Defendant’s Insurers.
Following negotiations on behalf of Client A, an increased offer was accepted by the Defendant. Client A was awarded damages in the sum of £6,400 and his costs in pursing the claim were met by the Defendant.