Source: All England Reporter
Publisher Citation: [2012] All ER (D) 134 (Mar)
Neutral Citation: [2012] EWHC 604 (Admin)
Court: Queen's Bench Division, Administrative Court
Judge:

Sir Robert Nelson
Representation Heather Williams QC (instructed by Bhatt Murphy Solicitors) for the claimant.
  Anne Studd (instructed by the Metropolitan Police Service) for the defendant.
Judgment Dates: 14 March 2012

Catchwords

Trespass to the person - Assault - Damages - Claimant being a legally incompetent person - Claimant visiting swimming pool and becoming 'stuck' by the side of the pool - Police being called to deal with situation - Police causing claimant to jump into pool - Police having claimant removed from pool - Police forcibly restraining claimant - Claimant bringing claim against defendant police commissioner for assault and battery - Whether police acting lawfully - .

The Case

Trespass to the person Assault. The Administrative Court, in allowing the claimant's claims for assault and battery, unlawful discrimination under the and breach of his rights under arts3, 5 and 8 of the European Convention on Human Rights, held that, inter alia, the defendant's officers had failed to comply with the provisions of the .

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