The new Investigatory Powers Tribunal Rules 2018 came into force on 31 December 2018, revoking the 2000 rules: see here. The 2018 rules apply to all section 7 Human Rights Act 1998 proceedings before the Tribunal and all covert investigatory powers complaints under section 65 of the Regulation of Investigatory Powers Act 2000, including those which were made before the new rules came into force.
The case of R (Application of the Centre for Advice on Individual Rights in Europe) and (1) Sec State Home Dept (2) Commissioner of Police of the Metropolis [2018] EWCA 2837 (Civ) holds that police officers have the power to do anything that an ordinary citizen can do.
The latest decision of the Court of Appeal in Parker v Chief Constable of Essex Police [2018] EWCA Civ 2788 is important for all police lawyers. The facts are quite detailed but, essentially, where the police perform an unlawful arrest (which would result in unlawful detention), the arrested person will receive only nominal damages where they could and would have been lawfully arrested had the correct procedures been followed.
There is also a second element – which is that the question of whether the police have a reasonable suspicion for the purpose of making an arrest ought to be considered in the round; courts ought not to over-compartmentalise the issue by analysing each factor separately.
As part of ‘dialogue’ with other common law jurisdictions, the Court of Appeal of the Republic of Singapore (Singapore’s highest court) in Tat Development PTE Ltd v Management Corporation of Grange Heights Strata Title Plan No 301 [2018] SGCA 50 has declined to follow the UK Supreme Court on extending the tort of malicious prosecution to civil proceedings. The Supreme Court recently held by a slim margin of 5-4 in Willers v Joyce [2016] UKSC 43; [2016] 3 WLR 477 that the tort of malicious prosecution be extended to cover the bringing of civil proceedings. This was a highly controversial decision attracting much academic comment. The Singaporean Court of Appeal has expressly declined to follow it, adopting the reasoning of the minority in Willers, in particular that of Lords Sumption and Mance.
Although not strictly a police case, the judgment together with the two earlier cases that the Supreme Court sought to resolve – Gregory v Portsmouth City Council [2000] UKHL 3; [2000] 1 AC 419 (HL) and Crawford Adjusters v Sagicor General Insurance (Cayman) Ltd [2013] UKPC 17, [2014] AC 366 delve deeply into the history of malicious prosecution and are an education as to the tort’s development and meaning.
The High Court has held in Commissioner of Police of the Metropolis v Brown [2018] EWHC 2046 (Admin) that qualified one-way costs shifting (‘QOCS’) protection does not apply automatically in proceedings where a claimant is advancing both a claim for damages for personal injury and a claim other than a claim for damages for personal injury (a ‘mixed claim’).