City lawyer sues Sainsbury’s after security guard wrongly accuses him of shoplifting 

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By Thomas Connelly on

5

Wants £25k

A London-based lawyer is reportedly seeking £25,000 in damages, claiming he was falsely accused of shoplifting in front of a crowd of 50 people.

Andrew Jonathan Milne, who runs law firm Andrew Milne & Co, has brought a claim for defamation against supermarket giant Sainsbury’s following an incident in one of its stores in Merseyside.

The experienced solicitor, who grew up not far from the store, alleges that a security guard told him: “You are a thief, you are a shoplifter, you should be in jail’, in front of fellow shoppers.

Milne says he paid for the items and was walking back to his vehicle when the alleged incident occurred, the Mail Online reports. He also argues that it was “highly likely that many who witnessed the incident recognised him”.

Milne’s barrister, 5RB’s William Bennett KC, reportedly said: “The man shouted the following words which defamed [Mr Milne], ‘Stop, thief. You are a thief. You are a shoplifter. You should be in jail. I am arresting you for shoplifting. You are a thief… you are stealing my bag… you have stolen goods in your bag. I am arresting you, thief’”.

“The volume of the man’s shouting and the nature of the accusations he was making against [Milne] attracted the attention of approximately 50 people who were in the vicinity of the doors to the store and the car park and within earshot of the man,” the top silk added.

Bennett KC argued that the words allegedly used by the security guard had implied that Milne had committed a criminal offence and so caused “serious harm” to his reputation.

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But Sainsbury’s lawyers deny the claim, arguing that it is “bound to fail” because Milne has suffered “no real harm or damage”. They also argue the guard had “a social, legal and/or moral duty…to prevent theft” and as result, should be protected from any potential legal action”.

5RB’s Lily Walker-Parr, for Sainsbury’s, reportedly accepted Milne had paid for his items but that the security guard was only doing his job.

The barrister said the store’s security alarm was triggered after Milne had exited the store. “The security guard approached [Milne] and asked [him] to accompany him back to the store,” she said. “However, [Milne] refused and tried to walk away, at which point the security guard asked [him] again to return to the store.”

“The words complained of and the circumstances of the alleged publication are not admitted,” she continued.

Walker-Parr also argued that the security guard was an employee of a “third-party company” and was therefore representing his employer rather than Sainsbury’s.

The barrister said “there is unlikely to be any continuing reputational harm, if there ever was, and that “the words were allegedly spoken over one year ago to individuals who likely did not know” Milne.

5 Comments

Sam

Well done Mr Milne. It’s high time Sainsbury’s stop picking the innocent. It happened to me too.

Anonymous

Something similar happened to my wife and her friend a police officers wife some years ago in a different store because the store failed to remove the security tag on a purchase. Detaining people in such circumstances when no crime has been committed is false imprisonment. They paid compensation. This store ought to have considered a settlement. Maybe they have made an offer. I would expect they obtain indemnity from the Security firm since many door staff lack proper training and competence they are at high risk of getting it wrong

Anonymous

I have personally been put through almost the same ordeal, several times, where the security alarm was triggered, for no reason. The security guards approached and searched my items of which I provided all the receipts for my purchases. But they will finally said that it was a mistake. What type of ‘mistakes’ for goodness sake, when the customer is left in a quantum of irreplaceable embarrassment. It’s high time these shops & their security guards, thinks seriously about the victim’s image, reputation and emotional damage with detrimental impact on the customer involved.
Good luck!!!

Archibald O'Pomposity

“…a quantum of irreplaceable embarrassment”

You’re definitely the genuine article.

“It’s high time these shops & their security guards, thinks seriously about the victim’s image…”

Perhaps not.

Anonymous

I suggest
Pistols at dawn
Between Mr Milne and the security guard

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