Mr Ian Kyle, Director at Irvings Law, which has a specialised Actions Against the Police Department, has successfully represented a client who wishes to remain anonymous for the purposes of this blog after being unlawfully arrested by Police Officers from Hampshire Constabulary. Mr Kyle’s client will be referred to as ‘Mr D’.
Background
Hampshire Constabulary were called to Red Funnel ferry terminal after Mr D was refused travel due to intoxication. On arrival at the ferry terminal, Mr D was approached and arrested by the said attending Police Officers from Hampshire Constabulary on the basis of carrying an offensive weapon; namely a filleting knife and also a pocket knife.
Prior to his arrest, Mr D had been fishing hence the need for the filleting knife and in respect of the said pocket knife, it had a blade of less than three inches, was not considered a lock knife and as Mr D was in a private place, all these reasons culminated in Mr D’s arrest being unlawful.
Representation
Upon receipt of instructions to act, Mr Kyle assessed the merits of Mr D’s potential claim and offered to act for him on a no win, no fee basis without any hesitation. After obtaining evidence from Hampshire Constabulary via Subject Access, Mr Kyle then submitted a Letter of Claim to Hampshire Constabulary alleging that Mr D’s arrest was unlawful for the above stated reasons.
Resolution
In response to the claim, Hampshire Constabulary firstly made a derisory offer to settle Mr D’s claim and following a series of without prejudice communications between Mr Kyle and Hampshire Constabulary’s legal team, Mr D eventually settled his claim for £3,250.00 plus payment of his legal fees too.
