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Entick v Carrington

[1765] 19 St Tr 1030

Case summary last updated at 07/02/2020 15:27 by the Oxbridge Notes in-house law team.

Judgement for the case Entick v Carrington

P sued two king’s messengers who unlawfully broke into his house and stole his papers. Ds said they were authorised to by a warrant from a minister which ordered them to bring P and his papers to the minister, the sec. state saying that it was essential to government that such warrants be permitted. However court said that in absence of precedent or statute giving crown right to issue such warrants, they could not be issued. Court said necessity doesn’t give them the right to legislate (i.e. by assuming powers) and that there is no distinction between crimes committed by the state and other crimes.

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