Sainsbury's, Milne and a security guard.
A London solicitor is suing Sainsbury's for £25,000, claiming that he was defamed by a security guard who falsely accused him of shoplifting.
Andrew Milne, a litigation lawyer at eponymous firm Andrew Milne & Co, told the High Court in London that he had paid for his shopping in a Sainsbury's store at Prenton, on the Wirral and was walking to his car when he was wrongly confronted outside by a security guard.
Milne, aged 61, alleges that the guard shouted: "Stop thief. You are a thief, you are a shoplifter, you should be in jail." The guard accused Milne of having stolen goods in his bag, and said he would arrest him, according to written submissions by Milne’s barrister, William Bennett KC.
The barrister said that the volume of the guard’s voice and the nature of the accusations attracted the attention of a group of around 50 people near the store’s doors and the car park.
Bennett said that the defamation was exacerbated as Milne was brought up in the area around Prenton and continues to visit.
Milne told the court that “it is highly likely that many who witnessed the incident recognised” him, and he recognised a third of the witnesses, because he was the head server at the parish church and had been the head boy of a local school.
The solicitor also said that "serious harm was caused to his reputation" and that he "was and continues to be deeply embarrassed about it," according to a report in The Times.
Sainsbury’s is defending the claim. Its lawyers argued that “no real harm or damage” was done and that the solicitor’s claim is “bound to fail”.
The company's lawyers also state that the security guard had “a social, legal and/or moral duty... to prevent theft” and should be protected from being sued on that basis.
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Comments
57
10
Andrew Milne, please meet Barbara Streisand.
73
7
This isn't his first rodeo.... Milne v Telegraph Group Ltd - 5RB Barristers
Milne v David Price Solicitors and Advocates | [2005] EWHC 90002 (Costs) | England and Wales High Court (Senior Court Costs Office) | Judgment | Law | CaseMine
Milne v Express Newspapers - Case Law - VLEX 793642981
26
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What a gripping case. Pleased to hear Mr Milne has a top London KC for this one. Suppose he’s already been advised to hit Sainsbury’s with a DSAR - out of the box pre-trial strategy that! Very much looking forwards to hearing more on this groundbreaking case.
25
11
"The security guard had “a social, legal and/or moral duty... to prevent theft” and should be protected from being sued on that basis." Even if this bizarre contention is successful, surely that protection would not extent do Sainsbury's?
35
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Another phenomenal result for Andrew Milne Streisland & Co.
30
16
Isn't it damaging to a litigator's reputation to bring this kind of vexatious claim? This will cost him tens of thousands of pounds and hundreds of hours of his time. To anyone sensible, that far outweighs the harm of a few strangers overhearing an accusation in a car park.
30
11
My local sains could do with a few security guards of that ilk
32
10
And now everyone knows. Not very clever.
If he's so embarrassed then why not quietly accept the store's apology and let it drop?
32
6
I think he is a nice man.
Please don't sue me.
47
30
Can you imagine if we had to give £25,000 to every young black man falsely accused of shoplifting and harassed by 'security' in the UK?
Mr Milne should count himself lucky that police harassment is just a once in a lifetime and not literally every day of his life.
18
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What is the damage?
23
5
When The Times reported this, they included a quote that the guard said, "I am arresting you for theft" which I thought could give rise to further civil and criminal actions for false arrest.
30
10
Had a similar experience after using the self checkout and was stopped after my Gucci bum bag bleeped. ( It later turned out having bank cards and credit cards next to each other facing the same way causes this, it was proven instore. )
Security guard stopped me, asked for my receipt which I’d opted not to print at self checkout when paying. At this point the security guard had also knocked my Balenciaga sunglasses off my head breaking them. A member of staff had assisted me at the till and I beckoned him over to where I was and he confirmed I’d paid for my shopping. At this point 3 local police were in the store buying snacks apparently and also decided to get involved and one took my bum bag and refused to pass it back to me. This infuriated me. At this point I shouted for the manager who came soon after. She was really helpful and could see that I had paid for my shopping and by this time the police and security guard were looking rather silly. The manager not only apologised but she also refunded me for all of my shopping giving it to me free of charge after recognising how awful the whole ordeal had been with me proving my innocence. She also reimbursed me the full cost for my broken designer sunglasses. I had a carer waiting for me with my disabled child in her wheelchair whom was waiting to be picked up in her wheelchair vehicle. I can totally relate to this man’s ordeal and I’m pleased he has taken Sainsburys to court over it. Good for him!
22
14
Could it be that a low paid worker made an honest mistake? Just saying.
21
6
How is he in the High Court on a £25k claim?
26
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I’m gripped ! Never heard of this chap until this article ! Also , can’t be that high flying a sols if he’s shopping at sains and not Waitr’se ! Just sayin…. don’t sue
18
4
I am pleased he has taken Sainsbury’s to court. Intimidation and false accusations are becoming common in the smaller Tescos and Sainsbury’s. They are employing poorly trained staff who pick on customers randomly.
18
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Good for Andrew- next time they'll be more careful.
22
5
What a load of cr*p from someone in the legal “profession” again. No one remembers head boy of their school, particularly in 1899 when this loser went to school. Bore off