In August 2016, my client Jack Cooper attended the Isle of Wight Cowes Festival with his friend Andrew. After spending a few hours in the festival site, enjoying the events and with nothing untoward occurring, Jack and Andrew made their way towards the exit. En route Jack was ‘caught short’ and needed the toilet; unfortunately the porta Loos were all occupied, so Jack urinated behind them (into the waters of the quay), out of sight of members of the public.
He was however spotted by a private security guard who approached and instructed him to leave the site immediately; Jack confirmed that he would do so – and that, indeed, it was already his intention to leave.
Jack tried to continue towards the exit gate, where his friend Andrew was now waiting for him. Spotting Andrew sitting at a table near the gate, Jack attempted to walk towards him (so they could leave together) whereupon he was, without any warning, physically assaulted by the security guard. The security guard grabbed hold of Jack’s arm and attempted to force it behind Jack’s back. In shock, Jack tried to pull away from the security guard, but then not wishing to escalate the situation let the man re-take hold of his arm. Jack explained that all he wanted to do was get his friend, and then it was absolutely his intention to leave the festival site.
Despite Jack’s reasonable behaviour, he was then set upon by approximately six of the security guard’s colleagues, who forced both of Jack’s arms behind his back and pushed him face down onto the ground.
Jack was then pulled to his feet by the security guards and marched, with his head bent down, through the gates and outside the festival grounds. Once outside the gates, however, the security personnel did not let Jack go but instead forced him face-down to the ground for a second time, and now applied handcuffs to tie his hands together. He felt significant pain building up in his left wrist and appealed to the security guards to loosen the cuffs, but to no avail.
Despite offering no physical resistance or threat to the guards, Jack was held down and restrained in this position for about five minutes, during which the pain in his wrist increased and the security guards continued to ignore his request to loosen the cuffs. All of this was taking place in full view of numerous members of the public.
Police officers then arrived, whereupon Jack’s handcuffs were removed, though not before he had lost feeling in his left hand.
Jack was then issued with a Dispersal Notice by the Police officers, under Section 34 of the Antisocial, Behaviour, Crime and Policing Act 2014, requiring him to leave the area and not return for a period of six hours, something which he had fully intended to do before being set upon by the gang of security guards.
Jack then proceeded back to the marina, where his own boat was docked, but owing to the injury to his hand he was unable to operate the vessel, which had to be sailed back home by Andrew.
Very shortly after these events, Jack instructed me to pursue a claim for compensation against the security personnel, who were all employed by a firm called Blueline Security, purportedly “specialists in event management and security services.”
On Jack’s behalf, I brought a claim against the Security Company. In response, Blueline Security disputed liability and as such, it was necessary to issue court proceedings. Before trial, I negotiated a settlement such that Blueline agreed to pay my client substantial damages and costs
My client’s name is changed.
Also read: Festival Season and the danger of ‘Wild West’ policing
