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Staffordshire Police provide incorrect address resulting in unlawful detention 

Background

Mr Mathew McConville, Head of Irvings Law’s specialist Data Breach Department, has successfully represented a client in a claim for compensation against Staffordshire Police but due to requested confidentiality, the client will be referred to as Mr K.

Mr K was arrested on suspicion of being drunk and disorderly on his walk home from the pub. He was released on conditional bail to subsequently appear at the Magistrates Court a month later. Unfortunately, due to the COVID pandemic, Mr K was informed such hearing would be pushed back and a new date sent to him however Mr K did not hear anything. A year later, the police arrested Mr K on suspicion of failing to attend Court, despite Mr K explaining that he had not received details, and was escorted to the Magistrates Court. At Court it transpired that the Court Summons requiring Mr K attendance at Court for the adjourned hearing was sent to the wrong address and as the original offence was deemed by the Judge presiding to be not in the public interest, Mr K was let go.

Representation

Given the above, Mr K approached specialist Data Breach Solicitors, Irvings Law, for assistance. Mr McConville immediately acknowledged that what had happened was completely wrong and without hesitation, offered to act for Mr K by way of “no win, no fee” presenting a claim to Staffordshire Police on the basis his human rights to privacy were breached as well as GDPR following the breach of data, confidentiality and misuse of private information.

Resolution

Initially, Staffordshire Police strangely denied liability for their mistake which caused a further avoidable arrest of Mr K and so after obtaining further evidence from the Court, Mr McConville persuaded Staffordshire Police to reconsider their position which resulted in them then admitting liability and wishing to settle Mr K’s claim. After this, negotiations then ensued resulting in Mr K’s claim being settled for £15,000.00 including the payment of his legal fees.

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