Guernsey Judgment 10/2011 - Le Huray v States of Guernsey

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Action against the States alleging false imprisonment and assault - Exception de Fonds raised by the States - whether the States is liable at law for the wrongful acts or omissions of Police or customs officers - review of the status of a Police Officer at Common Law - held that the status of police officers and the States was not that of master and servant and that the States was not vicariously liable for actions of Police Officers - no reason to treat Customs Officers in their law enforcement roles differently from Police Officers - no breach of European Court of Human Rights because the plaintiff had the remedy to sue individual officers - Human Rights (Bailiwick of Guernsey) Law, 2000 (fully brought into force on 1st September 2006) did not have retrospective effect.