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Johnson v Whitehouse: 1984

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References: [1984] RTR 47
Coram: Nolan J
Ratio: There is a relevant distinction between suspecting and believing in a police officer’s mind: ‘the dictionary definitions of those words . . of course, do show that the word ‘believe’ connotes a greater degree of certainty, or perhaps a smaller degree of uncertainty, than the word ‘suspect’.’
This case is cited by:

  • Cited – Keegan and Others v Chief Constable of Merseyside CA (Bailii, [2003] EWCA Civ 936, Times 17-Jul-03, Gazette 11-Sep-03, [2003] 1 WLR 2187)
    The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages.
    Held: The tort of malicious procurement of a search warrant required it to be established . .
  • Cited – Alexander, Farrelly and Others, Re Judicial Review QBNI (Bailii, [2009] NIQB 20)
    Each claimant said that they had been wrongfully arrested, the arresting police officers having either failed to ask whether the arrest was necessary (Farrelly), or mistakenly concluding so.
    Held: The Order now contained in regulation . .

(This list may be incomplete)

Last Update: 15 March 2019
Ref: 184711

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