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If a claim is amended to add a personal injury component part way through litigation, QOCS protection still applies to the entirety of the matter - Grace Corby, Temple Garden Chambers

12/01/23. Munira Pathan v Commissioner of Police of the Metropolis [2022] EWHC 3244 (KB)

The Claimant (and Appellant) was arrested by police officers and then detained at a police station for 12 hours, before being released. The police took no further action against her. On 3 May 2019 she issued a claim form, drafted by her husband, alleging that her arrest and detention were unlawful. The particulars of claim said that she suffered high blood pressure and felt faint while in detention and that she "has suffered loss and damage", but she did not indicate that she was making a claim for damages for personal injuries.

A defence was served denying liability, stating: "In the event that the Claimant is seeking damages forpersonal injury, the Defendant will aver that any such claim ought to be struck out for non-compliance with the pre-action protocol, CPR 16.4 in Practice Direction 16”, as it did not give details of any injury or annexe a medical report.

The Claimant then obtained legal representation and after some delay, on 22 January 2021, she was granted permission to amend her particulars of claim, to include a claim for personal injury, alleging that the arrest and detention had precipitated a ‘depressive disorder associated with anxiety’.

The matter went to a three-day trial, following which HHJ Saunders ruled that the claim failed in its entirety as the arrest and detention were lawful. In relation to costs, he determined that the Claimant would be ordered to pay the Defendant’s costs, subject to the effect of QOCS. As to that he stated...

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