Claims Against the Police

Claims Against the Police and Other Public Authorities

Our reputation has been built on fighting for the underdog. Victims who have been abused by the police need not look anywhere else.

E.Rex Makin solicitors have a wealth of experience in dealing with actions against the police and have proven track record with many high profile and often difficult cases with excellent results. We are resolutely determined to seek justice for those who have become victims of the system.

We deal specifically with all compensation claims against the police and will protect your rights.

These types of cases can be funded in various ways and we will always explore with you the best and most cost effective option for you. If we consider your claim has good merits of success if appropriate, we can offer a No Win No Fee agreement.

If you would like to discuss a particular matter involving a potential claim against the police that is not listed here, call 0151 709 4491 or click here to contact the claims against the police department.

False Imprisonment

False imprisonment is the intentional restriction of movement either by actively causing confinement or preventing a person exercising their privilege to leave the place where they are. It must be without lawful justification and it can occur at the outset, ie. As soon as the police stop you, at the time of arrest, or later on if a person is held for longer than there is lawful justification to continue to detain that person for.

If you have been a victim of False Imprisonment our experienced solicitors are on hand to take your call. Please telephone 0151 709 4491 or click here to contact us by email.

Assault/Use of Excessive Force

The definition of an assault is: An act by which the defendant intentionally or recklessly causes the victim to apprehend immediate, unlawful violence.

It is for the defendant to prove that the assault or battery was justified ie. that they only used reasonable force in dealing with the victim.

If you have been involved in an assault and need advice on the next steps to take to make a claim, call 0151 709 4491 or click here to contact us by email.

Malicious Prosecution

If you think you may have been maliciously prosecuted, you must prove the following five things to succeed in an action:

  • That there has been a prosecution which caused you “damage”
  • That the prosecution was instituted or continued by the Defendant
  • That the prosecution was terminated in your favour
  • That the Defendant acted without reasonable and probable cause
  • That the Defendant acted maliciously.

If you have answered these five questions and feel you may have a case, call our team on 0151 709 4491 or click here to contact us by email.

Misfeasance (misuse of power by public officials)

In order to succeed in a claim for misfeasance the following four elements must be proved:

  • The defendant was a public officer
  • Who exercised or failed to exercise power as a public officer
  • Maliciously
  • Which caused damage to the claimant which was foreseeable by the defendant

To discuss your requirements with one of our experienced solicitors, call 0151 709 4491 or click here to contact us by email.

Death in Custody

If a person dies whilst in custody, provided that death occurred because of the wrongdoing of the defendant there are two ways in which an action may be brought:

  1. Law Reform (Miscellaneous Provisions) Act 1934: Here certain causes for action which the deceased could have brought at the time of his death survive for the benefit of his estate.
  2. Certain dependants have an entitlement to bring an action under the Fatal Accident Act 1976.

To talk to our expert team to see if you have a claim call 0151 709 4491 or click here to contact us by email.

Human Rights Claims

These are claims brought under the Human Rights Act 1998 which is the UK interpretation of the European Convention of Human Rights which contains rights and freedoms of the individuals which are enforceable in the course of the UK. It is unlawful for public authorities to act in a way that is incompatible with the convention rights.

The rights are enshrined in a list of articles including but not limited to:

  • The right to life
  • Prohibition of slavery and forced labour
  • Right to liberty and security
  • Right to a fair trial
  • Right to respect for private and family life.

There are other rights which are enshrined in the Human Rights Act, not all of which are relevant to actions against the police.

If you require advice and would like to discuss your requirements with one of our experienced solicitors please telephone 0151 709 4491 or click here to contact us by email.

Harassment

This is unlawful pursuant to the protection of Harassment Act 1997 which introduced a statutory taut of harassment. This is defined in Section 1 of the Act:

  1. A person must not pursue a course of conduct:

a) Which amounts to harassment of another; and
b) Which he knows or ought to know amount to harassment of the other.

  1. For the purposes of this section a person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think that the course of conduct amounted to harassment of the other.

If you require advice or assistance and would like to discuss your requirements with one of our experienced solicitors please call 0151 709 4491 or click here to contact us by email.

Discrimination

Discrimination occurs where a person is treated less favourably than others because they possess a protected characteristic.

Protected characteristics include:

  • Race
  • Sex
  • Disability
  • Age
  • Gender reassignment
  • Religion or belief
  • Sexual orientation

If you require advice or assistance and would like to discuss your requirements with one of our experienced solicitors please telephone 0151 709 4491 or click here to contact us by email.