Police Law Blog European Decisions Statutory Materials

Abuse of process – boiling down to a fair trial

A very long judgment in Marsh v MoJ [2017] EWHC 1040 (QB) deals with a employee’s personal injury claim arising from his employer’s misconduct investigation into him. The final part, however, addressed (very briefly) an abuse of process application, where it was contended that the Defendant’s solicitor acted with an excess of zeal when dealing with […]

Up to five police visits a day not a breach of articles 3 or 8

This is the second of two posts on the case from the European Court of Human Rights, Shalyavski v Bulgaria (App no. 67608/11) 15.6.17, concerning breaches of Articles 3 and 8. This second one concerns a finding that the police’s visiting of a person’s home whist they were under house arrest, sometimes up to five […]

Disabled person left in police car for 12 hours a breach of Article 3, €3,000 damages

This is the first of two posts on the case from the European Court of Human Rights, Shalyavski v Bulgaria [2017] ECHR 564; (App no. 67608/11) 15.6.17, concerning breaches of Articles 3 and 8. This first one concerns damages for (arguably) detention contrary to Article 3. Where a disabled person, unable to mobilise himself, was […]

Disabled person left in police car for 12 hours a breach of Article 3, €3,000 damages

This is the first of two posts on the case from the European Court of Human Rights, Shalyavski v Bulgaria [2017] ECHR 564; (App no. 67608/11) 15.6.17, concerning breaches of Articles 3 and 8. This first one concerns damages for (arguably) detention contrary to Article 3. Where a disabled person, unable to mobilise himself, was […]

Arrest for breach of a behaviour injunction (which isn’t)

The courts have given another judgment, Ahmed v Crown Prosecution Service [2017] EWHC 1272 (Admin), which helps the police in considering what actions fall within the execution of their duty. In short, where a police officer genuinely and reasonably believes that they are authorised by a court order to arrest a person for breach of […]