Actions Against The Police

David Phillips and Partners is a solicitors’ firm providing legal advice online, by phone and in person to people who want to pursue actions against the police.

We help people with their actions against the police claims throughout England and Wales. We have offices in London, Birmingham, Manchester, Liverpool, Bootle, Romford, Nelson, Woolwich and Harrow but will represent clients nationwide.

We specialize in Actions Against the Police claims, and have over 27 years experience in dealing with these complicated cases. We are familiar with all aspects of these cases, especially after acquittals at trial.

Our expertise has been recognised by the Solicitors’ Regulation Authority and Legal Services Commission among others. Click on the link to read more about our nationally recognised legal expertise.

David Phillips & Partners Solicitors represent people all across England and Wales in their actions against the police claims. They come from all walks of life. Often, they are merely innocent bystanders who have been unfortunate enough to be in the wrong place at the wrong time. We ensure that they are all treated with dignity and respect, and work hard on their compensation claims to get them the justice they deserve.

Read some of our case reports for more information about the type of cases we successfully pursue for our clients.

The majority of claims and complaints relate to specifically to actions against the police. But although we refer to these matters as ‘actions against the police’, we can help you pursue a claim against others authorities too. In particular, we have succeeded in claims against shop security staff for unlawful detention, prison officers for assault, court security staff and other organisations who have acted with police-like powers.

David Phillips & Partners Solicitors can help you with the following actions against the police:

•    Police assault claim
•    Death in custody
•    Wrongful arrest/ unlawful arrest
•    False imprisonment
•    Malicious prosecution
•    Misfeasance in public office
•    Trespass to property or goods
•    Police negligence
•    Breach of Human Rights Act
•    Judicial review
•    Racial discrimination
•    Unlawful stop and search
•    Complaints against the police

We work hard to obtain the maximum compensation for our clients in the shortest possible time. Where possible, we also get the police to apologise for their behaviour. You should note, however, that police powers are extensive, so you may not be automatically entitled to compensation, even if you were acquitted at court. We will advise you about your prospects of success when we speak with you about your case.

You may be entitled to compensation for your action against the police claim as well as, or instead of, an apology or admission of guilt. If you are, you may be compensated as follows:

•    Basic damages- this is an amount awarded by the court to compensate you for your claim. The amount payable varies depending on the circumstances of your claim.
•    Aggravated damages- if the judge accepts that your feelings have been injured, you may receive this as well. Awards exceed £1,000.00 for this.
•    Exemplary damages- if the court considers that the police acted in an unconstitutional, arbitrary or oppressive way, it can order that you should receive at least £5,500.00 as well to punish the police.
•    Special damages- if you have suffered an identifiable loss, such as damage to clothing due to an assault or lost earnings due to injuries, you can claim for these too.

Where possible, we avoid charging our clients to pursue their actions against the police claims. We thoroughly investigate whether legal aid is available at the earliest possible stage. If not, depending on the circumstances, we may be able to pursue your claim on a ‘no win, no fee’ basis.

If we have to charge fees, we will explain these fully and keep you informed throughout.

We will discuss funding options and likely costs with you when we talk about your action against the police claim.

If you think you may have an action against the police claim you should contact David Phillips & Partners Solicitors as soon as possible after the event. It is vitally important that we take full details from you and anyone else involved, particularly as witness statements and other evidence which the police may hold must be preserved.

Proceedings must be issued at court within the following time periods, or you will lose the right to pursue your claim:

•    Police assault claim- within 3 years of event
•    Death in custody- within 6 years of event
•    Wrongful arrest- within 6 years of event
•    False imprisonment – within 6 years of event
•    Malicious prosecution- within 6 years of event
•    Misfeasance in public office- within 6 years of event
•    Trespass to property or goods- within 6 years of event
•    Police negligence- within 6 years of event
•    Breach of Human Rights Act- within 1 year of event
•    Judicial review- varies
•    Racial discrimination- within 6 months of event
•    Unlawful stop and search- within 6 years of event
•    Complaints against the police- within 6 years of event

Contact David Phillips & Partners Solicitors by completing our online form to the right of this page, call us free on 0800 027 7870 or call in to our office at 202 Stanley Road, Bootle, where our specialist team is based. When you get in touch, please be prepared to answer the following questions:

•  Did the police charge you with any offence?
•  Have you been found guilty at court?
•  Were you injured during arrest or detention?
•  Do you have anything else to claim for other than your injuries?
•  Do you intend to, or have you already, complained about the police’s conduct?
•  Do you want to claim compensation?
•  Are you in receipt of any benefits such as income support or job seekers allowance?

One of our specialist solicitors will review matters with you and advise you of your options, without obligation. Only when you are happy to pursue matters will we go ahead with your action against the police claim and/ or police complaint.

We suggest that you contact us if you think that you may have a claim, so that we can answer your questions.

You may also want to look at the following websites:

Legal Services Commission

Independent Police Complaints Commission

Inquest

Home Office

The Law Society