Stephen Dalton, R (on the application of) v Chair of the Police Appeals Tribunal
[2024] EWHC 1116 (Admin)
Wayne Leighton v Chief Constable Of North Yorkshire Police
8 February 2024
[2024] EWHC 2426 (KB)
High Court
A man sued the police for wrongful arrest and other issues. The judge dismissed his case. He appealed, but the higher court said the judge was right and refused to overturn the decision. The higher court found that the original judge had given enough reasons for their decision, and there wasn't enough evidence to prove the police acted wrongly.
Key Facts
- •Wayne Leighton (applicant) appealed the dismissal of his claims against the Chief Constable of North Yorkshire Police (respondent) for false imprisonment, malicious prosecution, misfeasance in public office, trespass to goods, harassment, and infringement of ECHR rights.
- •The claims stemmed from two incidents in October 2014 involving interactions with North Yorkshire Police officers.
- •Leighton claimed the police actions were in retaliation for his assistance with a complaint against the police by Mr. Burns.
- •Leighton alleged covert surveillance by the police, leading him to seek asylum in Sweden.
- •The Recorder dismissed all of Leighton's claims.
Legal Principles
A judge has a duty to give reasons for their decisions on disputed matters of fact and law, but the extent depends on the subject matter.
English v Emery Reimbold & Strick Ltd [2002] EWCA Civ 605
An appellate court will only interfere with factual findings if they are plainly wrong based on the totality of the evidence.
Staechelin & Ors v ACLBDD Holdings Ltd & Ors [2019] EWCA Civ 817 at [29]-[39]
The common law power under section 3 of the Criminal Law Act 1967 is available even if no arrest has been made.
Section 3 Criminal Law Act 1967
The issuing of a postal requisition is an administrative process, distinct from issuing a summons.
Brown v DPP [2019] 1WLR 4194
Section 55 Road Traffic Offenders Act 1988 applies only when a fixed penalty notice has been issued under section 54.
Section 55 Road Traffic Offenders Act 1988
For malicious prosecution, the claimant must prove both a lack of reasonable and probable cause and malice.
Implicit in the case, based on the judge's findings.
Outcomes
Permission to appeal was refused.
The judge found no realistic prospect of success on any of the grounds of appeal. The Recorder's judgment was deemed to have provided sufficient reasoning and that her findings of fact were not plainly wrong. The trial was considered fair.
Similar Cases
Bryn Duval Richards v The Crown Prosecution Service & Anor
[2024] EWHC 2681 (KB)
Denys Namystiuk v NRC (UK Representation Office)
[2024] EWHC 1040 (KB)
Matadai Roopnarine v Attorney General of Trinidad and Tobago (Trinidad and Tobago)
[2023] UKPC 30
Marzieh Ansari v Commissioner of Police of the Metropolis & Ors
[2024] EWHC 2006 (KB)