Jurisdiction(s):
United Kingdom

ALK v Chief Constable of Surrey Police [2025] EWHC 1964 (KB): PACE s24 arrest necessity, Parker Questions, and QOCS disapplication in mixed PI/non-PI claims (England and Wales)

Published on: 16 September 2025

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

ALK and another v The Chief Constable of Surrey Police [2025] EWHC 1964 (KB)

What are the practical implications of this case?

ALK yields two concrete takeaways for practitioners and highlights two points for practice.

First, Bourne J reaffirms the stringent threshold for the necessity of arrest under PACE 1984, s 24: courts will, among other matters, expect proof that arresting officers actively considered less intrusive measures, including whether they turned their minds to alternatives at the time. That inquiry can be determinative in itself. Engaging directly with the Parker Questions, Notes 2F and 2G to Code G, and surveying the authorities, the judgment confirms that assessing alternatives is no mere formality, but a real requirement. Practitioners should therefore ensure the evidence shows an officer’s consideration of alternatives if arrest is to be justified, whilst claimants should scrutinise any failure to do so.
Secondly, ALK sets out the proper approach to disapplying QOCS in mixed claims. Bourne J emphasised that where claimants advance a viable, properly pleaded and potentially substantial PI claim, supported by expert evidence and disclosure, the proceedings should probably be treated, in the round, as a personal injury case...

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