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Rigby v Chief Constable of Northamptonshire Police [1985]

Facts

  • The police used CS gas in a shop to flush out a criminal
  • The shop caught fire
  • Could the police be sued for the fire

Issue

  •  Can be police be sued in trespass for placing an object unjustifiably on someone’s land

Decision

  •  Claim failed

Reasoning

  • Usually, there would be a duty, but in this case, necessity was a justifiable defence
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