Gregory v The Commissioner of the Police for the Metropolis
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
- MR JUSTICE CRANSTON
Areas of Law
- Civil Procedure
- Tort Law
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
AI Generated Summary
This case involves an appeal on the refusal to grant a jury trial in a civil case alleging wrongful arrest, false imprisonment, malicious prosecution, and assault. The claimant's application was dismissed for being out of time, and the court upheld the dismissal, emphasizing the importance of adhering to procedural rules and contemporary practice favoring trial by judge alone.
Judgment
Mr Justice Cranston:
INTRODUCTION
This appeal concerns issues of law relating to jury trial in civil cases, in particular the need for the timely application by a party that a matter be tried with a jury rather than by judge alone. The appeal is against an order refusing the claimant’s application for trial by jury in a claim for damages arising out of the claimant’s arrest which he contends led to his false imprisonment and malicious prosecution. Under the Senior Courts Act 1981 there is a presumption in favour of trial by jury in such cases but an application for this must be made within 28 days of the defence.
BACKGROUND
On 20 January 2010 the claimant was arrested and detained by the Commissioner’s officers. He was subsequently charged with harassment and assault of a woman. She had made a complaint and subsequently a statement. There was also a charge of harassment concerning a male. The Crown Prosecution Service issued a notice of discontinuance in these matters on 25 January 2011.
The claimant was arrested a second time on 3 October 2012. This arose as a result of a complaint made to the police by Her Majesty’s Courts and Tribunal Service. The complaint was that an organisation called Charles Henry had attempted to defraud them by submitting false invoices to their National Taxing Team. The claimant is the principal and trustee of a charity called Legal Action, which trades as Charles Henry.
The claimant issued particulars of claim against the Commissioner on 29 November 2012. These were served on 11 December 2012. They contained allegations of wrongful arrest, false imprisonment, malicious prosecution and assault in relation to the two arrests. There was an Acknowledgment of Service on 13 December 2011, in which the Commissioner notified his intention to defend the claim. A defence was lodged on 8 January 2013. It rejected the allegations about the first arrest. As to the second arrest, it stated that the Commissioner was unable to respond on the basis that the allegations in the particulars of claim in relation to it were still the subject of an ongoing criminal investigation.
Because of the ongoing criminal investigation Master Yoxall stayed proceedings pursuant to a without notice application by the Commissioner on 9 January 2013. He lifted the stay on 19 March 2013 and ordered the Commissioner by 28 June 2013 to file and serve an amended defence pleading to the matters arising out of the second arrest. An amended defence doing