Solicitor at Irvings Law, Kayleigh Littlemore, has successfully represented her client, Mr Ben Spicer, in a civil claim for compensation against Kent Police for false imprisonment and assault in relation to an incident where he was arrested on the basis of an incorrect non-molestation order.
In June last year, Mr Spicer was at home preparing for his daughter’s birthday party when three police officers from Kent Police attended his address, opened his front door and arrested him on suspicion of breaching his Non-Molestation Order for driving down Barton Road in Dover. Mr Spicer politely explained to the attending Police Officers that they were acting upon incorrect information as the Non-Molestation Order had been amended by the Court where the condition prohibiting him from driving down Barton Road had been removed as to allow him to get to and from work. Mr Spicer protested that, in any event, he was in Surrey on the date of the alleged incident and he could show the attending Police Officers his dash cam footage to prove it but unfortunately, the said Police Officers refused to listen and proceeded to arrest him. Mr Spicer pleaded with the attending Police Officers to listen to him and check the correct status of the Non-Molestation Order before taking him into custody but these requests were ignored. As such, Mr Spicer was taken to the local Police Station where he was detained in a cell for approximately seven hours before being released under investigation. Around seven weeks later, Kent Police discovered that what Mr Spicer had said all long was true in that the Order had in fact been amended and so subsequently, the allegations against Mr Spicer were discontinued.
Shortly after being released, Mr Spicer approached Irvings Law to ask for assistance with bringing an action against Kent Police for the way he was treated. Miss Littlemore listened to what had happened and immediately acknowledged that Mr Spicer had great prospects for bringing a claim and so offered to represent him on “no win, no fee” terms. Miss Littlemore then finalised Mr Spicer’s complaint before then obtaining all available evidence and submitting a detailed Letter of Claim alleging false imprisonment and assault.
After receiving the Letter of Claim, Kent Police contacted Miss Littlemore and informed her that they wished to settle Mr Spicer’s case on the basis that they accepted that the attending Police Officers acted upon the wrong Non-Molestation Order and acknowledged that this should have been checked with the court; rather than taking the ‘victims’ word as read. Accordingly, Kent Police made Mr Spicer an offer to settle the claim but knowing this offer was too low, Miss Littlemore advised Mr Spicer to seek more eventually resulting in him obtaining £2,250 in compensation plus the payment of his legal costs too.
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