#34 Arrest gone wrong, or wrongful arrest?

26/08/2022 34 min Temporada 3 Episodio 14

Listen "#34 Arrest gone wrong, or wrongful arrest?"

Episode Synopsis

On this episode - we have the return of the Divinegate... listeners may remember we looked at a jurisdictional preliminary issue regarding arrest on this case a while back. Now the High Court Judgment is with us.There was not a lot of quantum in dispute, but we're glad this case was run, because it has given us a really interesting judgment on two distinct points:1 - Speed and Performance - particularly the application of a current factor. Some 'new law' on that in this Judgment.2 - Wrongful arrest - The arresting party got the arrest 'wrong'. There was no question of that. But how 'wrong' do you have to be to be 'wrongful'? A very interesting question, and one that might cause a bit of debate.We're very interested to hear thoughts from any of our listeners on this one!Follow Case by Case to get notified when our episodes drop.

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