Author: Matt McConville

AAP Team

Ian Kyle

Director

Nick Swales

Director

Matt McConville

Senior Associate

Lucy Smith

Senior Associate

Shannon Jenkins

Solicitor

The Metropolitan Police Arrest the ‘Wrong Man’

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 the Metropolitan Police. Mr McConville’s client wishes to remain anonymous for the purposes of this blog however.

Mr J, a student of previous good character, was arrested on suspicion of possession of cannabis with the intention of supplying. Mr J accepts that this arrest was lawful and fully admitted to the same; receiving a caution. However, once Mr J had accepted his guilt, he was strangely refused his release from custody as the Metropolitan Police believed that there was an outstanding arrest warrant for him relating to a road traffic many years ago. Mr J explained that his first ever arrest was for the cannabis but despite all of his innocent protestations, he was kept in custody until the next available Court availability. The following day, Mr J was handcuffed and taken to the local Magistrates’ Court and after the Judge listening to what Mr J had to say and investigating the same, it transpired that the arrest warrant was for a completely different person but of a similar spelling name; Mr J was then released.

Representation

After what had happened, Mr J approached specialist Actions Against the Police Solicitors, Irvings Law, for assistance. Mr McConville immediately acknowledged that what happened to Mr J was completely wrong and without hesitation, offered to act for him by way of “no win, no fee”. After obtaining all documentation, information and footage from the Metropolitan Police and the Court, Mr McConville alleged that Mr J’s arrest was unlawful as he was arrested on a warrant relating to someone else. Quite bizarrely, the Metropolitan Police denied liability which forced Mr J to instruct Mr McConville issue and serve expensive Court proceedings.

Resolution

Despite the Metropolitan Police still robustly defending Mr J’s claim throughout Court proceedings, shortly the first Court hearing, they agreed to pay Mr J £15,000.00 plus the payment of his legal costs and whilst the case should never have taken this long to reach a conclusion, we and Mr J are very pleased that the Metropolitan Police finally saw sense.

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