By Eric King
Essex police have won a damages appeal in the case of Michael Barrymore in which the former comedian was awarded £2.4m
The comedian and TV presenter had hoped for a payout of more than £2.4m from the force in relation to his 2007 wrongful arrest on suspicion of the rape and murder of Stuart Lubbock.
Essex Police challenged the amount it owed him and has won its appeal, and the Court of Appeal ruling overturned the 2017 High Court ruling.
Three judges ruled in London earlier that 66-year-old Mr Barrymore was “entitled to nominal damages only”.
Mr Barrymore had brought legal action against the police for wrongful arrest and false imprisonment under his real name, Michael Ciaran Parker, claiming that he was owed millions of pounds in compensation for lost earnings. He was detained in relation to Mr Lubbock’s death after the 31-year-old’s body was found in Mr Barrymore’s swimming pool at his home in Roydon, Essex, in 2001. Although he was arrested alongside two other men, mr.Barrymore was never charged
UNLAWFUL
A high court judged ruled that the arrest was unlawful because the arresting officer did not have reasonable grounds to suspect Mr Barrymore, a high court judge Mr Justice Stuart-Smith said in August 2017.
Lord Faulks QC, for the Chief Constable, told the three judges during appeal proceedings last month that High Court judge Mr Justice Stuart-Smith had “erred” in his approach to the law.
Lord Faulks said that although the focus of the appeal was on Essex Police and Barrymore, “we should not lose sight of the fact that a young man died”.He added: “His family, as well as their distress at this young man’s death, have never obtained a true explanation for it.”
Essex police argued that Barrymore could have been lawfully arrested by another officer because of information available to him, but the High Court rejected that argument.
Announcing the decision of the court, Sir Brian declared Barrymore, who was not present at the Court of Appeal in London on Wednesday ‘is entitled to nominal damages only’.
The star launched a High Court damages action after he was arrested and detained in June 2007 on suspicion of the rape and murder of 31-year-old Stuart Lubbock, who was found in the swimming pool at his home in Roydon, Essex, six years earlier. There was only one designated arresting officer who had sufficient information and had been sufficiently briefed to enable her to arrest him lawfully, but she was not present.
Essex Police said in a statement after the ruling: ‘The suspicious circumstances in which Stuart Lubbock’s body was found in Mr Parker’s swimming pool in 2001 remain unexplained and our thoughts today are with Mr Lubbock’s family who have been through so much.
‘The investigation into Stuart’s death has not closed.
‘Time can change old loyalties and detectives are ready and waiting to hear from anyone with information that could progress the investigation.
‘Please call Essex Police on 101 or Crimestoppers anonymously on 0800 555