On 9 June 2009, my client Ivan Martin and his wife attended a Sports Direct store at a Retail Park in Birmingham. He had recently purchased a pair of trainers from the store which were faulty. He therefore attended with the trainers, the original box and receipt, hoping to receive a refund or credit note.
Ivan spoke to the manager who refused to provide a refund or credit note and the two men argued about consumer rights and the Sale of Goods Act.
Ivan was told that the store’s security staff would be called. Two security guards attended. They asked Ivan to explain his position, which he did calmly. The guards refused to intervene.
Ivan returned to the counter and there told the manager that he would not leave the store until a refund or credit note was proffered.
The manager responded, “I’m not talking to you any more, I’m not interested. That’s it.”
Several West Midlands Police Officers then attended the store. They spoke to the manager who told them that he did not wish to make any complaint against Ivan. Rather, he wanted Ivan to leave the store. The officers then approached Ivan who explained his dispute.
One of the officers advised Ivan that this was a civil dispute and that he would have to take it to court. Ivan explained to the officers that to go to court for a dispute over trainers costing £40.00 would be impractical. Exasperated, Ivan decided to leave the store and said to his wife, “Forget it love, let’s go.”
Ivan proceeded to walk away at which point one of the officers obstructed his exit, put his hand up and pushed Ivan. He then explained to Ivan in terms that the police required his details and then sought to seize hold of Ivan’s arm to which Ivan resisted.
A second officer then sought to intervene. Both officers then pushed Ivan up against a glass counter and he was then taken to the floor after which he was pinned down and punched. He was then handcuffed and transported to Sutton Coldfield Police Station. Following process and interview, Ivan was then charged with resisting or obstructing a police officer and breaching Section 5 of the Public Order Act. Ivan pleaded not guilty and the case proceeded to trial where he was acquitted.
Ivan then brought a claim against West Midlands Police for wrongful arrest, assault, misfeasance in public office and/or malicious prosecution. Liability was disputed and court proceedings issued. Conscious of litigation risk, Ivan put forward a five figure offer to settle which just weeks before trial, the Force accepted.
Also read: New Criminal Offence: Shopping whilst black
