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Father Arrested After EMS Equipment Fault

Background

Shannon Jenkins, Trainee Solicitor within the Actions Against Police Department, has successfully represented a client in a claim for compensation against Electronic Monitoring Service (EMS).

Mr Khalifa was on bail in relation to a separate offence and attached to his bail was a condition to remain in his property during specific times of the day. Mr Khalifa abided by these conditions and had no history of non-compliance. Despite Mr Khalifa doing so, between 31st July 2022 and 1st August 2022 the box that EMS had provided to sync up with Mr Khalifa’s tag had malfunctioned resulting in Leicestershire Police being instructed that Mr Khalifa had breached his bail conditions. This was in spite of Mr Khalifa making efforts to contact EMS and explaining to them repeatedly that there was an issue with the box. As a result of this, Mr Khalifa was arrested by Leicestershire Police, handcuffed and taken to a local police station. To no surprise, once placed before the court the following morning, the Judge concluded that no breach had taken place. Mr Khalifa was then released and allowed to turn home to his distressed family. Thankfully, some days later, following complaints by Mr Khalifa and his wife, EMS sent an engineer out to Mr Khalifa’s property where it was concluded that a battery in the box required replacing. The engineer then took steps to resolve this issue and Mr Khalifa thereafter had no issues with his bail conditions.

Representation

After experiencing the above, Mr Khalifa approached specialist Actions Against the Police Solicitors, Irvings Law, for assistance. Miss Jenkins immediately acknowledged that Mr Khalifa had suffered a wrongdoing, the only question was who was liable for it. To determine this, Miss Jenkins requested evidence from both Leicestershire Police and EMS and having reviewed the disclosure from both, subsequently sent a letter of claim to both Leicestershire Police and EMS.

Outcome

After doing so, EMS immediately responded admitting liability for the wrongdoing that Mr Khalifa had endured. As no offer was made with their admission, Miss Jenkins obtained medical evidence on behalf of Mr Khalifa after which EMS decided to try and settle later resulting in a resolution for the sum of £5,000.00 plus legal costs.

Feedback

Mr Khalifa on the conclusion of his claim stated ‘you guys have made my day and gave exceptional support and service during my claim’.

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