chapter  4
In what circumstances should the State compensate citizens for damage arising through non-negligent government action? (Cf Rigby, below.) 5 Do you not find it disturbing that an innocent person can be held for three months in prison without any legal redress? Is this not a breach of the European Convention on Human Rights in UK law? Can one have faith in the English judiciary when it comes to upholding human rights? What might be the effect of the Human Rights Act 1998 on cases like Hill and Elguzouli-Daf when it finally comes into force? 6 Would it surprise you to learn that one plaintiff in Elguzouli-Daf was a political refugee from Sudan while the other was a resident of Northern Ireland?
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Rigby v Chief Constable of Northamptonshire [1985] 1 WLR 1242 Queen’s Bench Division

Taylor J: On 17 December 1977, the Sportsman’s Lodge, a gunsmiths shop in Northampton owned by the first plaintiff, Michael Rigby, was burned out. The cause of the fire was most unusual. A young psychopath had broken into the premises and armed himself. The police laid siege to the shop. Eventually they fired in a canister of CS gas to smoke out the intruder. The canister set the shop ablaze. The first plaintiff now sues the Chief Constable of Northamptonshire for damages for loss and damage to the premises and contents. The second plaintiff makes a small claim for damage to his guns which were in the first plaintiff’s custody in the shop.