Source: All England Reporter
Publisher Citation: [2003] All ER (D) 273 (Jan)
Court: Court of Appeal, Civil Division
Judge:

Tuckey, Latham LJJ and Sir Denis Henry
Representation John Gruffydd (instructed by E Rex Makin & Co) for the claimant.
  William Waldron (instructed by Weightman Vizards) for the defendant.
Judgment Dates: 29 January 2003

Catchwords

Tort - Assault - Policeman - Vicarious liability of chief constable - Police officer apparently exercising authority as a constable - s 88.

The Case

In order to establish the liability of a chief constable for an act committed by a police officer, a claimant had to show that the tort alleged was committed at a time when the police officer was apparently acting in his capacity as a constable. In the instant case, a police officer had apparently been acting as a constable, albeit one who was behaving very badly, and the claimant should recover for the assault and the injuries caused, and for the time he was forcibly confined in a police van.

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