Deadlines in claims against the police
If you are considering pursuing a civil claim against the police, you should seek legal advice as soon as possible as strict deadlines apply. These deadlines differ depending on what type of a claim you are bringing. Some examples are:
- Judicial review - ASAP and in any event within 3 months
- A claim under the Equality Act 2010 - 6 months
- A claim under the Human Rights Act 1998 for a breach of your Convention Rights - 12 months
- Assault and battery, and claims (including the claims below) including personal injury - 3 years
- Other claims such as negligence, malicious prosecution, or false imprisonment, where no personal injury is claimed - 6 years
This list is not exhaustive, and there are more deadlines that can apply in relation to claims against the police. These time limits can start running from different aspects of the incident, and it may be that your claim would involve more than one cause of action. It is usually wise to issue the claim in advance of the earliest limitation deadline.
The court may have discretion to extend a deadline in some circumstances, but you should avoid having to do this wherever possible as it could seriously affect the chances of your case being successful. Missing a deadline may well result in it not being worth pursuing a claim.
Therefore, assessing when your deadline will expire can be complex, and it may be that the deadline expires earlier than you had expected.
These deadlines are for issuing your claim at court. You should also bear in mind that there will probably be a lot of work that needs to be done before your claim can or should be issued. This can include gathering evidence, making a police complaint, assessing the chances of your claim succeeding, assessing how much your claim is worth, deciding how your claim will be funded, applying for Legal Aid funding, engaging in pre-action correspondence, and exploring with the Defendant whether it might be possible to settle your case without incurring the costs of issue at court.
Civil Actions Against the Police, Civil Liberties, and Inquests Specialist Legal Advice
At Saunders Law, we offer expert legal assistance and representation in civil claims against the police and other state authorities. We can also assist you in making a complaint against the officers involved. We take a thorough and determined approach to cases, working hard to ensure that you obtain the appropriate level of damages for the wrong that you have suffered.
All of our solicitors within the Civil Liberties and Actions against the Police Department have extensive experience in this area.
For a free, no-obligation, initial discussion to see if we might be able to help, please contact us today.