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Isaac v Chief Constable for the West Midlands Police, Court of Appeal

31 July 2001
The issues

Police – False Imprisonment – Exemplary damages – Aggravated Damages

The facts

Claimants succeeded in the Birmingham County Court in his action against the Police Authority for false imprisonment and prosecution. He had suffered injuries sustained in the course of resisting arrest. He was awarded interalia £5000 for exemplary damages, £2500 for malicious prosecution. There was no award for aggravated damages. The defendant appealed on the liability issue and the claimant cross appealed on the award of quantum arguing that the jury having awarded exemplary damages was bound to award aggravated damages.

The decision

1. The jury’s verdict was not inconsistent. The finding could not be disclosed.

2. In respect of the cross appeal the claimant relied on Thompson -v- Commissioner of Police for Metropolis. But there was nothing in that case to suggest that aggravated damages should also automatically follow exemplary damages.

Appeal and cross-appeal dismissed.

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