Background

Mr Matthew McConville, Head of Irvings Law’s specialist Actions Against the Police Department, has successfully represented a client in a claim for compensation against Cumbria Constabulary but due to confidentiality, the client will be referred to as Mr P.

At the material time, Mr P suffered from post-traumatic stress disorder and had recently undergone a colectomy leaving him requiring the use of a colostomy bag and crutches. Mr P was also made subject to a restraining order which prohibited him from contacting directly or indirectly his ex-partner. A friend of Mr P’s said ex-partner then began messaging a person on Snapchat with the same first name as Mr P and from the same and it was alleged to Cumbria Constabulary that it was Mr P on the other end of the messages. Over a week later, a Police Officer from Cumbria Constabulary attended Mr P’s address but as he was not present, a note was posted asking Mr P to make contact with the Police so as to arrange a voluntary interview on provided suggested dates. On one of the said suggested dates, Mr P attended the Police Station to discuss the allegations but upon his attendance, he was immediately arrested before he gave a prepared statement interview and was later released on conditional bail subsequently that culminated in no further action.

Representation

Given the above, Mr P approached specialist Actions Against the Police Solicitors, Irvings Law, for assistance. Mr McConville immediately acknowledged that what had happened was completely wrong and without hesitation, offered to act for Mr P by way of “no win, no fee” presenting a claim to Cumbria Constabulary for False Imprisonment and Assault/Battery.

Resolution

In response to the claim, Cumbria Constabulary refused to accept that Mr P was falsely imprisoned and/or assaulted/battered when arrested. Knowing that this Defence to such a claim was weak, Mr McConville advised Mr P to issue and serve Court proceedings and after this, Cumbria Constabulary decided that they wanted to settle Mr P’s claim. Following negotiations, Mr P resolved his said claim in the sum of £10,500.00 plus the payment of his legal costs.