Victoria Clark v The Chief Constable of Merseyside Police
[2023] EWHC 2565 (KB)
Marzieh Ansari v Commissioner of Police of the Metropolis & Ors
31 July 2024
[2024] EWHC 2006 (KB)
High Court
A lawyer sued the police for wrongful arrests and mistreatment. The judge said the lawyer's initial paperwork was bad, but the police should have given her a second chance to fix it before throwing out the case. The case is going to a lower court to be redone.
Key Facts
- •Marzieh Ansari (Claimant/Appellant), a lawyer, appealed an order striking out her claims against the Commissioner of Police of the Metropolis, the Crown Prosecution Service, and the Chief Constable of Sussex Police (Defendants/Respondents).
- •The claims arose from several arrests and alleged police misconduct related to an ongoing dispute with Maryam Sohi.
- •Ansari initially represented herself, leading to poorly drafted Particulars of Claim.
- •The Master struck out most claims due to non-compliance with CPR Part 16 and lack of reasonable grounds.
- •Ansari was given 14 days to re-plead a wrongful arrest claim (May 12, 2022) against the First Defendant, which she failed to do.
- •The appeal focused on alleged wrongful arrests, assault, negligence, breaches of ECHR Articles 3, 4, and 8, and inadequate investigations.
Legal Principles
CPR Rule 3.4(2): The court may strike out a statement of case if it discloses no reasonable grounds, is an abuse of process, or fails to comply with rules.
CPR Rule 3.4(2)
Two-stage approach to strike-out applications: (1) Is a basis for strike-out established? (2) Should the court exercise its discretion to strike out?
Asturian Fondation v Alibrahim [2020] 1 WLR 1627; Cable v Liverpool Victoria Insurance Co Ltd [2020] 4 WLR 110
Rule 3.4(2)(a) focuses on the pleaded case, assuming facts to be true unless contradictory or obviously wrong.
The Royal Brompton Hospital NHS Trust v Hammond [2001] 1 Lloyds Rep PN 526; MF Tel Sarl v Visa Europe Limited [2023] EWHC 1336 (Ch)
Litigants in person are not exempt from CPR compliance.
Barton v Wright Hassell LLP [2018] 1 WLR 1119
Statements of case must be concise and plead only material facts.
Tchenguiz v Grant Thornton UK LLP [2015] 1 All ER (Comm) 961; Towler v Wills [2010] EWHC 1209 (Comm)
Striking out is a draconian step, requiring proportionality consideration under the overriding objective.
Fairclough Homes v Summers [2012] 1 WLR 2404; Biguzzi v Rank Leisure Plc [1999] 1 WLR 1926; In Soo Kim Park & Others [2011] EWHC 1781 (QB)
Appellate courts review, not rehear, unless a practice direction provides otherwise or a rehearing is in the interests of justice.
CPR Rule 52.21(1); Cable v Liverpool Victoria Insurance Co Ltd [2020] 4 WLR 110
Commissioner of Police of the Metropolis v DSD [2019] AC 196: Positive obligation on state authorities to investigate complaints of serious ill-treatment.
Commissioner of Police of the Metropolis v DSD [2019] AC 196
Robinson v Chief Constable of West Yorkshire Police [2018] AC 736: Common law liability for negligent omissions only in limited circumstances.
Robinson v Chief Constable of West Yorkshire Police [2018] AC 736
Jameel v Dow Jones & Co [2005] QB 946: De minimis principle in assessing claims.
Jameel v Dow Jones & Co [2005] QB 946
Outcomes
Appeal allowed partially.
The Master erred in not giving Ansari an opportunity to properly plead claims for assault, unreasonable force during arrest, unlawful removal of clothing, and unlawful retention of devices.
Application to add wrongful arrest claim (May 12, 2022) against both the First and Third Defendants refused.
It was too late to raise this new argument; Ansari had ample opportunity to raise it earlier. There was prejudice to the Defendants.
Case transferred to the County Court.
To allow for re-pleading of the allowed claims in a more appropriate forum.
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