The Court of Appeal has ruled that entertainer Michael Barrymore is only entitled to nominal damages for his wrongful arrest by Essex police, overturning a High Court decision that had opened the door to a substantial payout. The 66-year-old comedian and TV presenter, who had sought over £2.4 million in lost earnings, was not present for the ruling.
Sir Brian Leveson, Lady Justice Hallett and Sir Ernest Ryder allowed the appeal by the chief constable of Essex police, declaring that Barrymore is entitled to nominal damages only. The force had challenged a High Court ruling from August last year that said he deserved more than nominal compensation.
Barrymore was arrested and detained in June 2007 on suspicion of the rape and murder of 31-year-old Stuart Lubbock, who was found dead in the swimming pool at Barrymore’s home in Roydon, Essex, in 2001. Essex police admitted the arrest was unlawful as the arresting officer lacked reasonable grounds, but argued that another officer could have lawfully arrested him, limiting damages to a nominal amount.
At the High Court, Mr Justice Stuart-Smith had ruled that the force failed to prove Barrymore could and would have been lawfully arrested by another officer. However, the Court of Appeal found that the judge had erred in his approach. Lord Faulks QC, for the chief constable, emphasised that a young man died and his family never obtained a true explanation.
Hugh Tomlinson QC, representing Barrymore, argued the arrest had a devastating effect on his client’s career, which he had rebuilt after the initial incident. He noted that Barrymore was never charged and the Crown Prosecution Service made clear there was no basis for charges. The amount of damages Barrymore will ultimately receive has yet to be decided, as the litigation has focused on the preliminary issue of nominal versus substantial damages.
