Pringle v Everingham

The case of *Pringle v Everingham* concerned a hotel licensee who sued two police officers for trespass, three assaults, and false imprisonment arising from an incident in the hotel's car park where the officers were conducting breath tests. The trial judge found in favour of the licensee on one assault claim but found for the police officers on the other claims, relying on special defences that had not been pleaded. The police officers declined to amend their pleadings at trial. The licensee appealed, alleging the officers were estopped by their conduct at trial from amending their pleadings.

The legal issues before the court included whether the trial judge erred in entering a verdict against one police officer for a tort committed by the other, whether the police officers had an implied licence to enter the hotel car park, and whether they were entitled to remain to complete the breath test despite the licensee's direction to leave. The court also considered the plaintiff's contention that the defendants were estopped from amending their pleadings and the appropriateness of allowing amendments on appeal.

The Court of Appeal held that the police officers possessed an implied licence to enter the hotel car park and were entitled to remain to complete the breath test, notwithstanding the licensee's direction to leave. The court found that the trial judge had erred in entering a verdict against one officer for the actions of another. Furthermore, the court determined that the plaintiff's argument regarding estoppel was irrelevant to the question of whether to allow amendments to the pleadings on appeal. Consequently, the court allowed the defendants' application to amend their grounds of defence.

The Court of Appeal allowed the defendants' appeal, set aside the verdicts, and ordered a new trial of the action. The defendants were ordered to pay the plaintiff's costs of the first trial on an indemnity basis. The plaintiff was ordered to pay 60% of the defendants' costs of the appeal and cross-appeal on a party and party basis, with eligibility for a certificate under the Suitors' Fund Act 1951.