Michael Barrymore loses wrongful arrest challenge
The comedian and TV presenter, Michael Barrymore loses his appeal to receive substantial damages over a wrongful arrest in which he states destroyed his career.
Michael Barrymore values his claim against Essex police at more than £2.4m. The force challenged a high court ruling made in August last year that 66-year-old Barrymore was entitled to "more than nominal" damages and argued he should only get a "nominal" pay-out.
Announcing the decision of the court, Sir Brian declared Barrymore "is entitled to nominal damages only".
Barrymore 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 Barrymore's home in Roydon, Essex, six years earlier.
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 have admitted that Barrymore's arrest was unlawful as the arresting officer did not have reasonable grounds to suspect Barrymore was guilty of any offence.
Hugh Tomlinson QC, for Barrymore, had told the high court judge the presenter was never charged with any offence and the Crown Prosecution Service (CPS) later made it "crystal clear" there was no basis for any charges.
The appeal judges were told by Tomlinson that the "original incident" had a "devastating" effect on Barrymore's career.
Then there was a highly-publicised inquest, he said, adding: "There is no doubt that something terrible happened to this young man.
"As to what actually happened, no one has ever been able to find out."
Tomlinson said: "The claimant then rebuilt his career, and was rebuilding his career, and then comes this arrest, which puts him, on his case, entirely back to square one. "He has never been able to rebuild his career since."
Lubbock's body was found in the pool after a party where drugs and alcohol were consumed.
A post-mortem revealed he had suffered serious anal injuries.
In 2002, an open verdict was recorded at the inquest into his death
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