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Balchin v Chief Constable of Hampshire Constabulary, Court of Appeal

8 May 2001
The issues

Role Of The Judge Sitting With A Jury When Trying A Claim For False Imprisonment

The facts

The Trial Judge sitting with a jury had found that the arrest of the Claimant had been wrongful and had awarded him £8,000.00 damages.

The decision

The Trial Judge had gone on a fact-finding exercise of her own. She had no jurisdiction to make factual findings adverse to the police which she had done. She should have summed up the case for the jury with an agreed list of issues where there was a conflict. If the Judge identified disputed factual issues upon which he needed findings to be able to give rulings, she was entitled to require that those be put to the jury for their decision.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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