Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Civil claim against the Police for stress

Civil claim against the Police for stress

Postby south1 » Wed Feb 15, 2017 11:38 pm

The IPCC uphold my complaint because a police officer told me bad thing and told bad things about me to my former landlord and neighbours who as a consequence increase their harassment against me. Therefore I made a civil claim against the police because of stress which made an application to have my claim strike. I have the following questions

1.
The defendant says that my claim is statute barred because the limitation action for claim for personal injuries is three years. I disagree because I made a complaint to the IPCC and ‘the date of knowledge’ was less than three years ago.
Moreover I would like to know if I can claim for stress, for discomfort or injury of feeling instead of for personal injuries because the following definition in the Limitation Act 1980 of ‘personal injuries is limited?

“Personal injuries” include any disease and any impairment of a person’s physical or mental condition, and “injury” and cognate expressions shall be construed accordingly;"

2.
The defendant says also that my claim should fail because I have not produced a medical report but is always necessary to produce medical report when we have sustained stress?

3
The defendant says that if my claim is for negligence it should be struck out because the Police does not owe me a duty of care at common law. However it is this always true because this seems to me strange because I thought that the duty of the Police is to protect the people. The defendant puts forward the following precedents “Hill v Chief Constable” and “Calveley v Chief Constable” and “Michael v Chief Constable”. However I have found other precedents which say that police own a duty of care.

In case the Police does not have really any duty of care toward me does not have it at least the duty not to abuse me?

The defendant says that it has also no duty of care to me as a purported victim of a criminal offence or as a suspect but was I a suspect and does this give the right the Police to abuse me?

3.
The defendant says also that I cannot claim for misfeasance in the public office because it is not actionable per se and I have not proven that I have suffered ‘material damage’. The defendant uses the precedent (Watkins v Secretary of State). The defendant says that there could not be ‘material damage’ due to the stress that I have sustained because I do not have any evidence of personal injuries but does medical evidence are always necessary to prove personal injuries because of stress and is it stress always personal injuries?
Moreover could the (Watkins v Secretary of State) be comparable to my case because it deals with a claim by a prisoner against prison officer? Furthermore I have found other precedents which say that it is not necessary to prove that we have sustained ‘material damage’ to claim for misfeasance in the public office.

4.
Does the defendant wrongly not make a difference between misfeasance and nonfeasance concerning the duty of care of the Police toward me?

5.
How can I explain that my stress was also due to the increase of harassment from my former landlord and these neighbours due to the bad things that this police officer told them about me because the defendant does not make any reference to this issue in his application to strike out even though I put forward this issue in my first witness statement ( my former landlord and these neighbours gloated over because the bad things that this police officer told them about me and as a consequence increase their harassment against me and I have to obtain an injunction against them and a court order for compensation against them)

6.
The defendant says that there is no law which suggests that upholding a complaint does not translate into liability for damages to a complainant. However is it this true if we take into account the rule on fairness and natural justice?
south1
 
Posts: 872
Joined: Sun Jan 13, 2013 6:44 pm

Re: Civil claim against the Police for stress

Postby atticus » Thu Feb 16, 2017 7:27 am

1. That definition seems to encompass stress.

2. Therefore, yes.

3. You have not provided case citations. Where are those cases reported?

3. You can't count! See 3. See also 2.

4. I don't understand.

5. You appear to have a causation problem, if the cause of the stress was someone else's actions.

6. Your logic appears flawed.

7. Get some decent legal advice if you are not to add this to your growing list of failures.
User avatar
atticus
 
Posts: 18853
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Civil claim against the Police for stress

Postby south1 » Thu Feb 16, 2017 10:23 am

1.
The defendant says that I should have provided a medical report to prove that I sustained stress. However the stress did not lasted a long time so how can I provide a medical report to prove this?. Moreover I obtained an order for compensation against my former landlord and my former neighbour for harassment without provided any medical report

2.
It is psychological harm that I have sustained and not psychiatric harm so how in this condition could I have obtained a medical report?

3.
Can I claim also for harassment against the Police because there are three courses of action the first when this Police officer told to me bad things, the second when he told bad things to my landlord and the third when he told bad things to my former neighbours. I think that for harassment the limitation of action is six years and not only three as for personal injury and it seems that for harassment a medical is not compulsory

4.
I have sustained two kinds of stress. The first stress was on the day that this police officer told bad things about me and told bad things to my landlord and to my neighbours and the second stress was because my landlord and these neighbours use in their witness statements in the proceedings for harassment that I have against them the fact that this police officer told them bad things about me and they use this to justify their harassment against me. Moreover they increase their harassment because they believe that they were right to do to me what I considered as being harassment because this police officer told them bad things about me.

5.
You say that my logic appear flawed but why that? When a complaint is upheld this means that something wrong has happened so for a question of logic I should be entitled to some kind of compensation. So the issue is simply and the defendant try to make it complicated by putting forward complicated laws
south1
 
Posts: 872
Joined: Sun Jan 13, 2013 6:44 pm

Re: Civil claim against the Police for stress

Postby dls » Thu Feb 16, 2017 10:50 am

However the stress did not lasted a long time so how can I provide a medical report to prove this?.


That is your task, and nobody else's. You need to prove your damage.

Th limitation clock begins at the time when you know of the wrongful nature of an event, not at the time when an alternative remedy ceases to be available.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 11858
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Civil claim against the Police for stress

Postby atticus » Thu Feb 16, 2017 11:03 am

I refer the OP to my point no 7

Is there any poor unfortunate who has had the misfortune to encounter the OP that the OP is not suing or otherwise pursuing some vendetta against?
User avatar
atticus
 
Posts: 18853
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Civil claim against the Police for stress

Postby south1 » Thu Feb 16, 2017 12:13 pm

I obtained a financial compensation for harassment against my previous landlord and my previous neighbours without putting forward any medical repoer. Can I sue the police for harassment in the same way?
south1
 
Posts: 872
Joined: Sun Jan 13, 2013 6:44 pm

Re: Civil claim against the Police for stress

Postby shootist » Thu Feb 16, 2017 12:27 pm

south1 wrote:I obtained a financial compensation for harassment against my previous landlord and my previous neighbours without putting forward any medical repoer. Can I sue the police for harassment in the same way?


It is my understanding that as a general rule anyone can sue anyone else for anything. Whether you have enough evidence to go to trial and win is another thing entirely. Obtaining a settlement out of court is not winning, it is getting money because the other party can't be arsed for one of any number of good reasons other than they were at fault.

I have been told on fairly good authority that it is rarely a good idea to ask your other party if you have a good enough case against them. They usually say you haven't and ask endless questions to put you off.
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
User avatar
shootist
 
Posts: 3249
Joined: Sat Aug 10, 2013 9:40 pm

Re: Civil claim against the Police for stress

Postby atticus » Thu Feb 16, 2017 1:26 pm

Either the OP did not claim damages for stress (or other personal injury) in his previous harassment case or his opponents were not as tough a the police, or both.
User avatar
atticus
 
Posts: 18853
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Civil claim against the Police for stress

Postby atticus » Thu Feb 16, 2017 1:28 pm

In my experience, people settle out of court because there is a good chance the alternative outcome will be worse. It is about evaluating risk.
User avatar
atticus
 
Posts: 18853
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Civil claim against the Police for stress

Postby south1 » Thu Feb 16, 2017 1:46 pm

In my case against my previous landlord and neighbours there was no out of court settlement we went to full hearing. I put forward documentary evidence of the harassment in the same way as I can put forward evidence that the police officer misbehaved on this day because my complaint to the IPCC was upheld. However I did not put forward any medical report to prove the stress that I had sustained because of the harassment due to my landlord and to these neigbhours. The question is how could have I obtained such a medical report because the stress happened at the time of the events and not when I would have been in the office of the doctor asking for a medical report?
south1
 
Posts: 872
Joined: Sun Jan 13, 2013 6:44 pm

Next

Return to Litigation Practice

Who is online

Users browsing this forum: No registered users and 1 guest