Nike goods stolen from articulated lorry following arrest of driver
May 31, 2022
The long running saga of the Nike load stolen after the driver of the articulated lorry was arrested for drink driving, leaving the lorry unattended in a remote area of Essex, has come to an end. The international haulier was represented by Richard Barraclough QC and Gordon Menzies.
The Chief Constable failed in his attempt to have the action struck out before the judge at first instance, on appeal to Laing J and then by Males LJ on permission to appeal. Laing J has provided an analysis of the relevant principles of law. By the date of the trial the driver could not be found and the claim was dismissed on the evidence. Nevertheless the principle remains that the police can be liable for such a loss.
