Author: Matt McConville

AAP Team

Ian Kyle

Director

Nick Swales

Director

Matt McConville

Senior Associate

Lucy Smith

Senior Associate

Grace Milnes

Irvings Team

Thames Valley Police Push Unlawful Arrest Case to Court Threatening Bankruptcy and Lose

Background

Mr Matthew McConville, Head of Irvings Law’s specialist Actions Against the Police Department, has successfully represented a Sinita Obhrai in a claim for compensation against Thames Valley Police after winning at Trial.

In 2015, a member of the public made an allegation to Thames Valley Police that he had observed Ms Obhrai assault the male whom she was with. Once the male was identified by Thames Valley Police, Police Officers visited him and the male confirmed that no assault took place. Despite this, the attending Police investigated Ms Obhrai further which culminated in Ms Obhrai calling the Police Officer in charge and agreeing to voluntary attend the Police Station the next day. However, although this agreement had been reached, the Police Officer in charge decided to visit Ms Obhrai and arrest her for assault upon the above named male.

Representation

After the criminal case had concluded against Ms Obhrai, she approached specialist Actions Against the Police Solicitors, Irvings Law, for assistance after many others had turned her down. Mr McConville immediately acknowledged that Ms Obhrai’s arrest was unnecessary and without hesitation, offered to act for her by way of “no win, no fee”. After obtaining all documentation from Thames Valley Police, Mr McConville presented Ms Obhrai’s claim for compensation. In response, Thames Valley Police robustly denied liability that forced Ms Obhrai to instruct Mr McConville to issue and serve expensive Court proceedings.

Resolution

Once proceedings were served, Ms Obhrai made an offer to Thames Valley Police to settle her claim but this was rebuffed as they maintained their liability position. Thames Valley Police then agreed to a Joint Settlement Meeting with Ms Obhrai where they said that if Ms Obhrai was to take this matter to Trial and she lost, they would enforce bankruptcy proceedings upon Ms Obhrai. Despite these threats, Ms Obhrai trusted Mr McConville’s Judgment through to Trial where the Trial Judge agreed with Mr McConville that Ms Obhrai’s arrest was unnecessary before awarding her £2,200.00 plus her legal costs at great expense to the public purse.

Read article: Bucks Free Press

 

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