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Action Against Public Authorities Solicitors

Pre Issued Settlement – The Case of D (22 June 2018)

Date: 22/06/2018
Duncan Lewis, Action Against Public Authorities Solicitors, Pre Issued Settlement – The Case of D

This case concerns a defendant D, who had been remanded in prison custody for 4½ months without lawful authority.

History of the case


D was arrested for breaching a non-molestation order, imposed by a County Court. He was taken to the Court in the custody of police officers, and appeared before a district judge without having had access to legal advice. The judge subjected him to questioning and remanded him to prison, directing that either the police or prison officers brought D back to Court in seven days to conclude his case. Neither the Court, police, or prison made arrangements to have D returned to Court. The detaining authorities then subsequently failed to review his custody, forcing D to remain in custody for 4 ½ months.

D sought assistance from Duncan Lewis and the team ensured he was visited in prison immediately, to investigate his claims. It was soon established that D was being held unlawfully. Graeme Rothwell then pursued and secured D’s release.

There were three potential defendants in this case and much of the initial investigative work involved identifying the foundation defendant. Ultimately, this proved to be the Ministry of Justice.

We successfully sought damages, claiming false imprisonment, misfeasance and negligence. The defendant attempted to settle for almost £10,000 less than this claim was actually worth. Following robust submissions and negotiation, it was persuaded to settle before the need to issue civil proceedings arose.

D received £30,000 in damages and the defendant had to pay the claimant’s inter-parte legal costs.

Representation

The claimant was represented by Graeme Rothwell, Supervising Solicitor from our Action against Public Authorities department in our Dalston branch. He instructed Maya Sikand, barrister and head of the Civil Liberties and Human Rights Team at Garden Court Chambers.

Judgment

As this case was a pre-issue settlement there was no judgment. The matter is significant as it shows Duncan Lewis are willing to listen to all who seek their assistance, and take allegations seriously, even when at first they appear to be incredible, or misplaced. The client had alleged something which might easily be disbelieved at first thought - that the authorities had locked him up ‘by mistake’.

Duncan Lewis considers all enquiries, however incredible they might seem, with a clear eye and a cool head.

Graeme Rothwell, Duncan Lewis Solicitors’ Action Against Public Authorities solicitor, is experienced in matters concerning criminal defence and claimant litigation against the police and other public authorities where there are allegations of misconduct.

He is a strong advocate and a strategic litigator, characterised by his dedicated approach to assisting those who have been affected by criminal allegations or misconduct of a public authority.

For expert legal advice on any allegation, or claim or complaint against a public authority, contact Graeme on 020 7275 2886 and graemer@duncanlewis.com.


Duncan Lewis Action Against Public Authorities Solicitors

As the nation’s largest provider of legal aid Duncan Lewis can offer specialist legal advice in all areas of Actions Against Public Authorities cases. Our practice is ranked in the Legal 500 2017 edition for our extensive experience in Civil Liberties and Human Rights matters, including complex and serious matters such as judicial reviews against the segregation of prisoners and detainees and claims for unlawful detention.

We can represent you in actions or complaints arising from the following issues:

  • Wrongful Arrest;
  • False imprisonment;
  • Misfeasance;
  • Malicious Prosecution;
  • Assault and Battery including the use of Excessive Force;
  • Data Protection Issues;
  • Adverse Criminal Record Certificates (DBS checks);
  • Trespass to Property;
  • Unlawful Retention of Property;
  • Race and Disability Discrimination issues;
  • Human Rights Issues and;
  • Judicial Review Applications

For expert advice on bringing a civil claim or complaint against the police, call 0333 772 0409.


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