In 2011, my client Nigel Marsh set up a company to refurbish and run the George Public House in March, Cambridgeshire. Nigel then arranged for a Mr and Mrs Smith to join the company as Directors, obtain the alcohol licence and run the pub while he concentrated on overall management and other business interests.
Unfortunately, Nigel and the Smiths fell out resulting in Nigel submitting a fresh licensing application to sell alcohol from the pub.
The Local Authority, in conjunction with Cambridgeshire Police, decided that the Smiths and not Nigel were entitled to occupy and run the pub.
On 8 April 2011, five Police Officers including PS Monger attended the pub with a view to evict Nigel. The local Licensing Officer, Mr Gipp, a former Senior Police Officer who had once managed PS Monger was also present.
Nigel had opened the pub for business and by 12 noon, there were between 6 – 8 customers present.
Mr Gipp, the Licensing Officer told Nigel he was not entitled to trade and ordered him to leave. No reasons were given. PS Monger, standing nearby then said to Nigel, “We’ve come to evict you, you’ve two minutes to leave.”
Although Nigel had no doubt his eviction had been unlawful, he asked his customers to leave and then handed over his keys as requested by PS Monger and left.
Mr and Mrs Smith had also attended the pub with the Police and Licensing Officers. Nigel spoke to Mrs Smith and said to her “Are you aware of what you’ve done?” Are you aware of the repercussions?”
On reflection, and confident he was entitled to be in and running the pub, Nigel returned to the pub half an hour later. By this time, locksmiths were in attendance.
As Nigel headed to the bar, he was rugby tackled to the floor by one or more Police Officers. He fell near a round table and took hold of the base. Several officers then sought to pull Nigel away but he held on fast. A female officer, PC Bussey then sprayed Nigel directly in the face with pepper spray causing him instant pain and discomfort to the skin of his face and neck.
Nigel was handcuffed and then brought to his feet and then conveyed to the local Police Station. He was later charged with using threatening behaviour to Mrs Smith and assaulting a Police Officer.
At trial in October 2021, the CPS offered no evidence on the assault charge because the Police Officers had not been acting in the exercise of their duty and the charge of disorderly conduct was dismissed.
I brought a claim against Cambridgeshire Police and following investigation, the Force denied liability. I issued Court proceedings on behalf of Nigel. The Force continued to robustly defend the case.
On the eve of a scheduled four-day trial at Cambridge County Court, Cambridgeshire Police caved in and agreed to pay Nigel £25,000 in compensation and substantial legal fees.
