In September 2018 my client Martin Forshaw had been drinking in a pub in central Liverpool before heading to Liverpool Central Station to catch the train home.
Whilst he was waiting on the platform, Martin was approached by a female member of Merseyrail Staff who asked if he was okay and questioned if he had been drinking. Martin replied that he had had a few pints but that he was fine – but the female member of staff asserted that in her opinion he was not fit to travel.
Martin disagreed with this and was told that he would have to take it up with the staff member’s supervisor. Accordingly, Martin went up the escalator to the station concourse where he spoke to a male member of staff identified as the station manager.
Martin made polite representations as to why he should be allowed to travel, notwithstanding the fact that he had been drinking. The manager seemed sympathetic but ultimately said that he agreed with his colleague’s assessment and that he was refusing Martin permission to travel.
At all times Martin had remained polite and well mannered throughout his dealings with the Merseyrail Staff, and despite his inebriation did not lose his temper.
However, at this point four security guards employed by Carlisle Support Services Group Limited approached and laid hands upon Martin.
The four men physically escorted Martin from the station premises and whilst outside, in protest and what he felt to be their unnecessarily aggressive action, Martin swore at the men calling them “fucking bullies”.
In response to these words the Carlisle Group employees launched a vicious attack upon Martin; the first, Jack Shaw, grabbed the back of Martin’s neck and slammed him face first into a wall. The security staff then forced Martin backwards and downwards to the ground and in the process of so doing fractured his right ankle so badly that it was later to require the insertion of metalwork to fix.
Two of the security staff – Mr Shaw and Peter Milligan – then pinned Martin to the ground and called for onlookers to “Get the Police”.
Mr Milligan applied pressure to Martin’s head and knelt on one of his hands. Mr Shaw lay across Martin’s legs, maintaining a lock on his other hand. In fear, pain and distress Martin yelled out loudly, begging to be released. Fortunately, British Transport Police Officers arrived relatively quickly on the scene and Mr Shaw and Mr Milligan were persuaded to let go of Martin.
It was immediately obvious that Martin’s ankle had been broken and an ambulance was called to take him to the Royal Liverpool Hospital. Mr Milligan then told a series of brazen lies to the Police – variously alleging that Martin had made threats, had assaulted him by grabbing his testicles and had run into the wall.
Thankfully CCTV had captured the true events and three of the security guards were subsequently prosecuted, with Mr Shaw and Mr Milligan ultimately pleading guilty to affray and receiving suspended prison sentences.
Martin had suffered a trimalleolar fracture of his right ankle together with damage to his medial ligament, as well as understandable psychological harm, and on his behalf I brought Court proceedings against Carlisle Support Services securing him damages of £42,500, plus legal costs.
All names have been changed
Also read: £42,500 Damages for Security Guard’s Brutal Attack
