COMMISSIONER OF POLICE OF THE METROPOLIS v MR (2008) CA (Civ Div) [2008] EWCA Civ 1237

This case was a claim for damages against the Police Commissioner for false imprisonment and assault. The court held that the test for a lawful arrest was not satisfied if the arresting officer “inferred” that his superior officers, who instructed him to carry out the arrest, must have had reasonable grounds for suspicion, but he was not personally aware of information sufficient to amount to such reasonable grounds at the time. A number of important issues were dealt with at the hearing in the High Court or Court of Appeal including: PII/RIPA arguments, the defence of dictators i.e. ‘Necessity’. The Commissioner has recently been ordered to pay £170,000 of damages to the client.