On 24 April 2017, my client Sharon was at home when a Court Bailiff attended in order to seize goods to satisfy an outstanding debt. There was no lawful power to enter attached to the Bailiff’s warrant to seize goods and Sharon did not allow him entry.
A dispute arose between the Bailiff and other members of Sharon’s family as to damage to the Bailiff’s car and theft of a parcel and the Bailiff called the Police.
Two Police Officers of Nottinghamshire Police attended, PS Flint and PC Elliot.
PS Flint was aggressive from the outset. He told Sharon that he was looking for a parcel , that he wished to enter her home in order to search for it and if she did not open the door voluntarily then he would force entry. Sharon refused.
Because PS Flint persistently threatened to force entry, Sharon eventually unlocked the side door and allowed entry under duress.
Sharon entered the property first, followed by PS Flint and PC Elliot. Once they were in the property she locked the door in an effort to keep the Bailiff out. PS Flint demanded that the door be unlocked and that Sharon hand over her keys. Although Sharon unlocked the door, she refused to hand the keys to the officer.
Both officers then attempted to physically remove the keys from Sharon’s hands, which she resisted.
During the struggle Sharon received a number of heavy blows to her head that she believes were punches from one or both officers. PS Flint drew his CS incapacitant spray and threatened to discharge it. Eventually, both officers managed to overpower Sharon forcing her face down on the living room floor and restraining her hands in tight handcuffs to the rear.
Sharon was informed that she was now under arrest for breach of the peace.
PS Flint opened the front door and invited the Bailiff to enter the premises and recover whatever he wanted saying “Go and have a look.” That was despite the fact that the Bailiff had told PS Flint that there was no power to force entry attached to the warrant.
The Bailiff conducted a full survey of the premises and concluded that there were no items of sufficient value to satisfy the debt. He confirmed that Sharon had not caused him any trouble and then left.
Sharon was then released from the handcuffs and 10 – 15 minutes after they had arrived the two officers drove away.
Sharon sought damages for trespass, wrongful arrest and assault together with aggravated and exemplary damages.
By reason of the incident, Sharon suffered multiple minor soft tissue injuries which resolved within a few months and psychological trauma which persisted. A complaint investigation led to disciplinary proceedings against both PS Flint and PC Elliot which dragged on for 4 ½ years and involved two misconduct hearings, three appeals to the Police Appeals Tribunal and a Judicial Review.
Although Nottinghamshire Police admitted liability early on, settlement was not possible initially because of Sharon’s ongoing symptoms and thereafter because of the Defendant’s dismissive assessment of the value of the claim.
Eventually, some three weeks before trial, settlement was agreed with Nottinghamshire Police to pay £40,000 and costs.
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