Guernsey Judgment 18/2009 - Ogier v Paint

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Parish Constable - action in tort - removal of abandoned vehicle from car park - action by owner of the vehicle, arising from damage to the vehicle - functions of Parish Constables considered - whether it was wrong in law for a public official to be sued in a private capacity - Court held that it is wrong to ask the Court to create immunity where none exists in law - held that there is no legal impediment preventing the Plaintiff from taking action against the person he holds responsible for causing the damage - defences raised by the Defendant - held that he had acted in good faith but that he had not established that the vehicle presented an imminent danger or that the manner in which the vehicle was moved was reasonable - judgment for the Plaintiff in the reduced sum of £200, being the maximum value of the vehicle, rather than the cost of the repairs - no order for costs