Whether police responsible for violation of ECHR, art 5, and whether it resulted in liability for false imprisonment tort


Re: Zenati v Commissioner of Police of the Metropolis & Anor [2015] EWCA Civ 80

Appeal against strike out of claims for a declaration and damages for breach of ECHR, art 5 and the tort of false imprisonment. The claims were struck out under CPR 3.4(2)(a) on the grounds that the Particulars of Claim disclosed no reasonable grounds for bringing them. Held: there was an arguable case that the police were responsible for a breach of ECHR, art 5, as it is arguable that they were responsible for the failure of the court to conduct proceedings with “special diligence” when dealing with an accused person held in custody awaiting trial, as required by ECHR jurisprudence. However, there was no support in any jurisprudence for the submission that a breach of ECHR, art 5, results in liability for the tort of false imprisonment.

Hugh Southey QC was involved in this case.