Civil actions against the police present some of the more distinctive costs challenges a law firm will encounter, and understanding them from the outset can make a genuine difference to recovery further down the line. Claims arising from wrongful arrest, misidentified arrests, and unlawful entry onto the wrong premises are typically pursued as claims in false imprisonment, trespass, or related civil wrongs against a police force, and generally proceed through the civil courts in England and Wales rather than through the police complaints system.  

This guide sets out, from a costs perspective, what solicitors handling this type of claim should have in mind, from funding through to detailed assessment. 

What Falls Within This Category of Claim 

Civil actions against the police cover a range of allegations of police misconduct, including claims including wrongful or unlawful arrest, false imprisonment, assault, malicious prosecution, and trespass arising from a search carried out at the wrong address. Some claims will also include an element of personal injury, where a claimant has suffered physical or psychiatric harm during the police conduct complained of, while others, such as straightforward false imprisonment or trespass claims, may not. 

This distinction matters for costs recovery in actions against the police. Whether a claim includes a personal injury element can affect the costs regime that applies, including whether it qualifies for one-way costs shifting protection in the usual way, since that protection is generally tied to claims that meet the definition of a personal injury claim under the Civil Procedure Rules. Claims against the police that consist solely of false imprisonment or trespass, without an accompanying personal injury element, may sit outside that protection, and this is a point worth checking carefully at the outset of a case rather than assuming standard personal injury costs rules will apply throughout. 

Funding Options and Their Costs Implications 

Actions against the police remain one of the categories of civil claim that can, subject to means and merits testing, attract legal aid, a position that survived the broader withdrawal of legal aid from most civil work under the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Where legal aid is available, costs are generally recovered from the Legal Aid Agency, and the usual statutory charge considerations will apply to any damages recovered. 

Where a client does not qualify for legal aid, or a firm does not offer it, a conditional fee agreement, commonly known as a no win, no fee agreement, is the more usual funding route. Under a fee agreement of this kind, a success fee is typically recoverable from the client’s damages rather than from the losing party, and firms will generally want to consider from the outset how any success fee is structured and disclosed to the client, given the scrutiny these agreements can receive if a costs dispute later arises. 

Why Proportionality Is Often the Central Issue 

One of the most distinctive features of costs in this area is the frequent gap between the financial compensation recovered and the costs incurred in securing it. Damages in actions against the police are often relatively modest compared to the legal costs generated by investigating and proving what is, in practice, often a factually disputed and heavily defended claim. Police forces are well-resourced, institutional paying parties, and points of dispute challenging the proportionality of costs claimed relative to the compensation recovered are common. 

This makes it particularly important for solicitors, and any costs lawyers or costs draftsmen such as ourselves at Greener Costs, who are instructed alongside them, to keep a clear, contemporaneous record of the work undertaken and the reasons for it throughout the claim. This evidence is often central to resisting a proportionality challenge at the detailed assessment stage. 

Costs Recovery From Start to Finish 

The costs recovery process in this type of claim generally follows the same broad path as other civil litigation, though with some distinctive features: 

• Pre-action stage: costs incurred investigating the claim, including obtaining police disclosure, are generally recoverable if the claim later succeeds, but should be clearly recorded given the scrutiny they often attract. 

• Proceedings and settlement or trial: where a claim against the police settles and succeeds at trial, the usual costs order will generally follow the event, subject to the specific costs protection, or lack of it, applicable to the claim as pleased. 

• Detailed assessment: given how frequently police forces dispute costs in this area, a bill of costs prepared with a clear breakdown of work, and an awareness of the proportionality arguments likely to be raised, tends to fare considerably better on assessment than one prepared without this in mind. 

How Greener Costs Can Assist 

For solicitors handling claims against the police, having a costs lawyer or costs draftsman involved from an early stage, rather than only once a dispute over costs has arisen, can help ensure that funding arrangements, time recording, and the eventual bill of costs are all structured with the particular proportionality challenges of the area in mind. 

If you are a solicitor handling a police misconduct claims arising from wrongful arrest, misidentified arrest, or unlawful entry into the wrong premises, and would like support with funding advice, costs budgeting, or detailed assessment, contact Greener Costs’ costs lawyers and costs draftsmen on 01204 263047 or info@greenercosts.co.uk. 

FAQs 

Is legal aid available for actions against the police?  

Yes, in principle. Actions against the police remain one of the categories of civil claim that can attract legal aid, subject to means and merits testing by the Legal Aid Agency. 

Does qualified one-way costs shifting apply to all claims against the police?  

Not necessarily. QOCS protection is generally tied to claims meeting the definition of a personal injury claim. Claims consisting solely of false imprisonment or trespass, without a personal injury element, may fall outside that protection, and this should be checked at the outset. 

Why are costs disputes so common in actions against the police?  

Damages in this type of claim are often modest relative to the costs incurred investigating and proving the claim, and police forces frequently challenge the proportionality of costs claimed at detailed assessment.