Kesar & Co Solicitors have a dedicated team of lawyers who could assist you to hold to account and issue private law claims against public bodies such as:
- Police and Crown Prosecution Service
- Prison Service, National Probation Service Ministry of Justice and Parole Board
- Home Office
- Local authorities and social housing providers
- HM Courts and Tribunal Services
- Private companies and bodies performing public duties or exercising powers that are public in nature
This means that we will be able to assist you with a range of claims from the abuse of power by the police and prison officer, pre ad post-parole delays, unlawful immigration detention and private contractors such as G4S, Serco, Sodexo and many others who act as agents and essentially carry out public functions on behalf of the state.
The courts do not readily award damages against a public authority for breach of public law rights and such action has to be carefully considered. It is often thought that the public authorities should be free to carry out their duties in the public interest, without fear that they may be liable in damages even if it is established that their conduct does not meet the high standard expected from them. In some cases, legal action is barred by the statute (e.g. servants or agents of the Crown discharging or purporting to discharge any responsibilities of a judicial nature, Crown Proceedings Act 1947). However, despite the exemptions, the law provides a specific remedy in numerous situations.
Our team will assist you in assessing the merits of your claim, strength of your evidence and advise you on the prospects of success in the claims based on the following:
- Negligence – This is frequently identified in private law claims and the claimants have to show that the authority owes a duty of care (involving reasonable foreseeability of loss, sufficient proximity of relationship, and where it would be fair, just and reasonable to impose a duty). They will have to also show that the authority acted in breach of the standard of care required in the circumstances, and the claimant suffered loss as a result.
- Misfeasance in public office – This is often argued in the claims against the Prison Service and other departments of the Ministry of Justice, Home Office etc. when a public official abuses their powers in bad faith, knowing or being reckless as to whether the action (or inaction) was wrongful and likely to damage the claimant.
- Breach of statutory duty – Such duty is often identified in a broad range of circumstances from the application of the Equality Act 2010 and particularly the public sector equality duty to Policing and Crime Act 2017 and other applicable statutes.
- The Human Rights Act 1998 – Section 8 of the HRA allows the UK courts to award damages where the court is satisfied in the circumstances that the award is necessary to provide a just satisfaction to the claimant.
- Breach of EU Law – This relates particularly to the so-called “Francovich rule”. In certain cases, individuals may have a right to claim damages against a member state where a rule of EU law is breached if
(i) the rule is intended to confer rights on individuals;
(ii) the breach is sufficiently serious; and
(iii) there is a direct causal link between the breach and the loss or damage sustained
Can I claim damages for unlawful detention?
Link to: Get in touch
Kesar & Co Solicitors is part of Kesar & Co Ltd. Company registration number 8235271.
Registered address: 27 London Road BR1 1DG.
Service of documents by email not accepted.
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Kesar & Co support and promote Diversity and Inclusion Charter of the Law Society
This firm is authorised and regulated by the Solicitors Regulation Authority – registration number 607531
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