Jurisdiction(s):
United Kingdom

FRCs: wrongful interference with goods engages intentional tort exclusion in police claims; costs-only Part 8 claims caught by 2023 transitional rules — Collins v Chief Constable, Thames Valley Police

Published on: 03 February 2026

Published by a LexisNexis Dispute Resolution expert

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Article summary

The Executors of the Estate of Kenneth Collins v The Chief Constable of Thames Valley Police [2026] EWHC 117 (SCCO)

What are the practical implications of this case?

Costs Judge Whalan’s decision that wrongful interference with goods may amount to an intentional tort will interest practitioners bringing claims against the police, particularly where disputes over fixed recoverable costs might arise in that arena. Of broader significance are the conclusions on how the fixed costs transitional provisions in the Civil Procedure (Amendment No 2) Rules 2023, SI 2023/572, should operate. The court received an extensive and wide‑ranging submission from the claimants on those provisions. That submission relied on the Minutes of the Civil Procedure Rules Committee from November 2023, which suggested that fixed costs were not engaged where the only live proceeding was a costs‑only Part 8 claim. The court has determined that costs‑only proceedings do qualify as a ‘claim’ for the purposes of the 2023 transitional provisions and, consequently, FRCs do apply where such proceedings are commenced on or after 1 October 2023 under that regime...

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