Particulars of claim—false imprisonment and personal injury

The following PI & Clinical Negligence precedent provides comprehensive and up to date legal information covering:

  • Particulars of claim—false imprisonment and personal injury

Particulars of claim—false imprisonment and personal injury

IN THE HIGH COURT OF JUSTICE

QUEEN’S BENCH DIVISION

Parties

  1. [THE CLAIMANT]

    by his litigation friend [LITIGATION FRIEND]        Claimant

  1. -and-

  1. [THE DEFENDANT]        Defendant

_____________________________________________________________________________

PARTICULARS OF CLAIM

_____________________________________________________________________________

INTRODUCTION

    1. 1

      The Claimant seeks a declaration and damages arising from the raid on his home on [date] and his subsequent detention between [date] and [date].

    1. 2

      In summary, the Claimant claims that:

      1. 2.1

        On [date], during the course of the raid on the Claimant’s home, the Claimant suffered a number of assaults and batteries and/or breaches of Article 3 ECHR, and suffered false imprisonment and/or a breach of Article 5 ECHR;

      1. 2.2

        The Claimant’s detention between [date] and [date] was false imprisonment and/or a breach of Article 5 ECHR.

    1. 3

      The Defendant is, and was at all material times, responsible for the actions of the [detaining authority], its officers and/or servants and/or agents. The Claimant’s claim against the Defendant relates to the acts or omissions of the Defendant’s officers and/or servants and/or agents acting under the direction and control of the Defendant and for whose acts and omissions the Defendant is liable.

    FACTUAL BACKGROUND

    1. 4

      The [Claimant] was detained in a raid on his home. The Claimant was detained on the basis of [the legal basis on which the detaining authority believed he could be detained].

    1. 5

      During the course of that raid the Claimant suffered injury as a result of [actions of the detaining

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