Richard Barraclough QC represents international haulage company in challenge against Essex Police and their powers of seizure
July 7, 2020
In the case of Transport Arendonk v Chief Constable of Essex, the Chief Constable of Essex has been refused permission to launch a second appeal in this action for negligence after an articulated lorry containing a valuable consignment was left unattended by police officers who had arrested the driver.
Males LJ commented that “This appears to be a novel case on its facts not precisely covered by existing authority. Even if the principles concerning the liability of the police in tort are established it is at least arguable that their application to the facts of this case should be determined in the light of clear factual findings at trial. Moreover depending on those findings it appears to be arguable that the police did create a situation where a lorry was left unattended at night in an area known to be vulnerable to thieves. Whether , if so, that is sufficient to render them liable in tort to the goods owner is a matter which should be determined on the basis of actual and not merely assumed facts”
Richard Barraclough QC represented international haulier Transport Arendonk and was instructed by transport specialist lawyer Simon Clarke of Smith Bowyer Clarke.
The Judgment of Laing J is here