Civil Actions Against the Police by Richard Clayton QC, Hugh Tomlinson QC, Edwin Buckett & Andrew Davies
Publisher: Sweet & Maxwell
Edition: 3rd Edition (December 2003)
ISBN: 0 421 63090 6
Price: £139.00
It is some twelve years since the second edition of this work was published in 1992. Much has happened in the intervening years involving the clash of State with citizens, so Clayton and Tomlinson have fully updated this edition with the latest statute and case law.
The text’s best feature is that all civil actions are discussed under one cover. It guides the reader through all the established torts such as assault and battery, false imprisonment, wrongful interference with goods and malicious prosecution. It then looks at the emerging actions which play such an important part in today’s society including the tort of misfeasance in public office, and the worrying area of claims in breach of confidence and data protection. Two areas which mark this publication as unique include a new chapter on negligence, and the range of remedies which are available to litigants: both specific to actions against police officers.
As mentioned previously, the delay between editions has meant that the authors have had to include coverage of the Police Reform Act 2002, which introduced changes to the complaints system and created a wide range of powers for civilians, such as arrest and detention (quasi police powers). There is also excellent coverage of other important statutory developments such as the Police Act 1996, the Human Rights Act 1998, the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000 and the Terrorism Act 2000
The text also provides special treatment for the relevant procedural steps. Public interest immunity, disclosure of documents and the conduct of civil jury trials are dealt with in useful detail.
In conclusion, this is a definitive source of reference and it explains what avenues are open to practitioners when their clients’ civil liberties are impinged upon. It also examines what the police can do when people take action against them. In my opinion, the third edition has built upon the respected reputation of its predecessors and is fully up-to-date with the latest Acts of Parliament and leading authorities and is a must for anyone interested in this area.
Reviewed on 14 March 2004