Quick answer
You can bring a civil claim against the police for wrongs such as assault, false imprisonment, unlawful arrest or malicious prosecution, usually in the County Court. Strict time limits apply: generally one year for Human Rights Act claims, three years where personal injury results, and six years for other claims. You set out the facts and the compensation sought.
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Last reviewed: June 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm. Always check the current official form on GOV.UK before you file, and sign the statement of truth yourself.
① Draft it from scratch
Upload your incident chronology, body-worn footage references, custody record and medical evidence. Chris drafts the claim from your facts, with the statutory hooks.② Check the draft you’ve written
Already started your letter of claim or Particulars? Upload it and Chris reviews it against your own documents and shows you where you stand.③ You’ve been served — respond
Received a letter, notice or response from the force? Run it by Chris — he reads it against your evidence and drafts your next move.The calm creed — before any draft:
- Stay calm. Stay polite. Every officer has a body-worn camera. What it records becomes your strongest evidence later — but only if you stayed composed.
- Identify the warrant if there is one. Ask to see it. Ask what section it was issued under. Take a photograph or note the words if permitted.
- Do not breach the peace. That is the only angle left to an officer on a civil matter dressed as criminal — do not give it.
- Walk away from confrontation. You live to fight another day — in peace, with Chris’s drafting, in the forum that was built for it.
Composure is the best evidence. Drafting is the best response.
⚖️ The Civil Lane Rule
Don’t turn a resolvable civil matter into a losing criminal matter. The only angle an officer has on a civil dispute dressed as criminal is breach of the peace. Do not give it. Stay calm. Comply. Note. Walk away. Chris drafts the response in the court that was built for it — where you win.
The causes of action
False imprisonment
Any deprivation of liberty without lawful justification. Detention in the back of a police vehicle, in custody, or at home by presence can all constitute imprisonment if without lawful authority.Trespass to the person
- Assault — causing apprehension of imminent force
- Battery — actual application of force (handcuffs, restraint, taser, baton)
- False imprisonment — unlawful detention
Trespass to land
Any unauthorised entry onto private property. Even momentary entry without lawful authority is trespass.Trespass to goods
Unauthorised handling, damage, or detention of property. Includes seizure beyond warrant scope.Malicious prosecution
Where police initiated a prosecution without reasonable and probable cause, maliciously, and the prosecution ended in the claimant’s favour. High-bar but serious remedy.Misfeasance in public office
Deliberate or reckless abuse of public power causing loss. Requires bad faith — very high bar but significant when proved.Human Rights Act 1998 claims
- Article 3 — prohibition of torture, inhuman or degrading treatment
- Article 5 — right to liberty
- Article 8 — private and family life, home
- Article 14 — discrimination in enjoyment of other rights
Let Chris draft your complaint or claim
Upload the incident chronology, any body-worn footage or reference numbers, witness details, medical evidence, correspondence. Chris drafts factually, politely, and with the statutory hooks Professional Standards and the IOPC respond to.
Thompson damages — the framework
In Thompson v Commissioner of Police of the Metropolis [1998], the Court of Appeal set out bands for:- Basic damages for the first hour of false imprisonment
- Diminishing rate for subsequent hours
- Aggravated damages where the officer’s conduct was oppressive
- Exemplary damages where punishment of the force is needed
The pre-action protocol
Under the Civil Procedure Rules pre-action conduct practice direction:- Letter of Claim to the force setting out facts, legal basis, loss, and remedy sought
- 21 days for holding response
- 3 months for detailed response
- Negotiation, possibly ADR
- Proceedings issued if unresolved
Disclosure — what to request
- Body-worn video
- Custody record
- Arrest notes and PNB (pocket notebook) entries
- Intelligence assessment supporting any arrest or search
- Firearms/taser authorisation records if used
- Use of force register entries
- Detention reviews and authorisations
- Any IOPC or PSD files on the incident
Proceedings
Claims against police commonly allocated to the Fast Track (claims £10,000–£25,000) or Multi-Track (above). Heard typically in County Court; serious cases in the King’s Bench Division. Jury trial available in some categories (malicious prosecution, false imprisonment where damages exceed fixed amount). Chris drafts the Particulars of Claim, the Reply, the witness statements, and the skeleton argument.Can Chris draft the civil claim?
Yes. Upload contemporaneous notes, custody record, body-worn footage references, medical evidence, Thompson band calculations. Chris drafts the pre-action letter, the Particulars of Claim, the witness statement, and the schedule of loss.Prepare to win. Plan not to fail.
The law holds the police accountable. You hold the paperwork. Chris drafts.Frequently asked questions
What can I claim against the police for?
Common causes of action include false imprisonment (deprivation of liberty without lawful justification), trespass to the person (assault and battery — handcuffs, restraint, taser, baton), trespass to land (unauthorised entry), trespass to goods (seizure beyond warrant scope), malicious prosecution, misfeasance in public office, and Human Rights Act 1998 claims under Articles 3, 5, 8 and 14.Does a civil claim replace the police complaints process?
No. A civil claim is not a substitute for the complaints process — it runs alongside it. The civil court holds the force accountable on the record and can award damages, while Professional Standards and the IOPC handle the complaint.How are damages calculated?
In Thompson v Commissioner of Police of the Metropolis [1998], the Court of Appeal set out bands for basic damages for the first hour of false imprisonment, a diminishing rate for subsequent hours, aggravated damages where conduct was oppressive, and exemplary damages where the force needs to be punished. The bands are updated with inflation, and Chris uses the current uplifted figures.What is the pre-action protocol for police claims?
Under the Civil Procedure Rules pre-action conduct practice direction, you send a Letter of Claim setting out the facts, legal basis, loss and remedy sought. The force has 21 days for a holding response and 3 months for a detailed response, followed by negotiation or ADR. Proceedings are issued if the matter is unresolved.What evidence should I request on disclosure?
Request body-worn video, the custody record, arrest notes and pocket notebook (PNB) entries, the intelligence assessment supporting any arrest or search, firearms or taser authorisation records, use of force register entries, detention reviews and authorisations, and any IOPC or PSD files on the incident.Can Chris draft my whole claim?
Yes. Upload your contemporaneous notes, custody record, body-worn footage references, medical evidence and Thompson band calculations, and Chris drafts the pre-action letter, the Particulars of Claim, the witness statement and the schedule of loss.Composure is the best evidence. Drafting is the best response.
Draft my civil claim against the police →One matter · one case folder · a full day of drafting · 7-day guarantee on the standard of the drafts · you remain the litigant in person
Contains public sector information licensed under the Open Government Licence v3.0.
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