Source: All England Reporter
Publisher Citation: [2015] All ER (D) 54 (Jun)
Neutral Citation: [2015] EWHC 1432 (QB)
Court: Queen's Bench Division

Judge Curran QC (Sitting as a Judge of the High Court)

Representation Alison Gerry (instructed by Saunders Law Ltd) for the claimants.
  Sophie Mortimer (instructed by Weightmans) for the Commissioner.
Judgment Dates: 22 May 2015


Police - Unlawful conduct - Action for damages - Claimants issuing proceedings against defendant Metropolitan Police Commissioner for assault, trespass and false imprisonment - Jury finding in defendant's favour - Claimants submitting case should proceed further on basis defendant's liability could be established on joint tortfeasor basis - Whether defendant being liable despite jury's verdict - .

The Case

Police Unlawful conduct. The claimants issued proceedings against the defendant Metropolitan Police Commissioner for assault, trespass and false imprisonment. The jury found facts favourable to the Commissioner, but the claimants sought to proceed further on the basis that the Commissioner's liability could be established on a joint tortfeasor basis. The Queen's Bench Division, in dismissing the application, held that the use of force by the individual officers for whose actions the Commissioner was statutorily responsible had been, on the jury's verdict, reasonable in the circumstances and the defence under of the Criminal Law Act 1967 succeeded, entitling the Commissioner to judgment.

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