Why must Court Proceedings be issued in a Compensation Claim Against the Police?

Actions against the police solicitor Iain Gould

By Iain Gould, Solicitor

Sometimes I get frustrated when helping my clients bring a compensation claim against the police.

What appears to be a perfectly straightforward case against the police where compensation should be paid can often result in a hard-fought battle.

When this happens I have no alternative but to issue court proceedings and fight for my clients all the way to a Court hearing.

This is expensive, time-consuming, and stressful for all involved, including the police officers themselves who, like my clients, must endure cross-examination at Court.

I had to take another compensation claim against the police to trial last week because the Metropolitan Police refused to settle.

My client, Luke Appleyard, 21, a student at the University of London, will shortly receive £13,250 from the Metropolitan Police after being attacked by a police dog.

(You can read the full case report here.)

So, taking his compensation claim against the police all the way to a jury trial was worthwhile. But was it really necessary?

Compensation Claim Against the Police for Defenceless Student

Photo of my client Luke Appleyard, who I represented in his compensation claim against the police
Luke Appleyard

Shortly after midnight on Friday 9 October 2009, Luke (pictured and details used with permission), of Carshalton, Surrey, was walking with a friend through Carshalton Park.

The park was dark and quiet.

Suddenly, an Alsatian dog appeared running quickly towards them. Without warning, the dog jumped up and bit Luke on his right forearm, which he had instinctively raised to protect his face.

The dog hung on for what Luke estimates was three minutes before Metropolitan Police officers arrived and released it.

Luke’s arm (shown below after the wounds had been cleaned) was bleeding heavily but the police insisted on searching him before getting medical help.

Photo of Luke Appleyard's arm after he had been attacked by a police dog.
Luke Appleyard’s arm after the police dog attack.

He was later told that the dog had been set on him as a result of mistaken identity, and that the police were searching for two robbery suspects.

Mr. Appleyard was taken by ambulance to hospital where his bite wounds were treated. He has since been left with about 20 scars on his right arm which makes him uncomfortable wearing short sleeves in public.

Luke Appleyard had never been in trouble with the police before. After the unprovoked attack, he:

  • was injured;
  • was upset;
  • suffered nightmares;
  • developed a fear of large dogs; and
  • lost confidence in the police.

As he received no apology or offer of compensation from the police, he decided to take matters further.

He found my details online and asked me to represent him in his compensation claim against the police.

After discussing it with him, I decided to take his claim. I initially represented Luke as a legal aid lawyer but later, when funding was withdrawn, acted on a ‘no win no fee’ basis.

I submitted details of Luke’s claim but the Metropolitan Police denied liability, saying that the police dog handler acted within the police’s guidelines when deploying the dog, ‘Storm’.

They claimed that Luke was running away, that the officer shouted a warning before releasing Storm, and that the force used was reasonable and necessary.

As this was a very different version of events to the one Luke had told me, I had no alternative but to take Luke’s compensation claim against the police to a full jury trial.

Compensation Claim Against the Police Wins at Jury Trial

On Wednesday 11 December, at the conclusion of the three-day trial at the Central London Civil Justice Centre, the jury returned a verdict indicating that they did not believe the Metropolitan Police officers’ account.

They heard evidence that the police officer in control of Storm was 110 metres away from Luke and his friend when the dog was released. The police dog handler claimed that he:

  • was able to make a positive identification from this distance;
  • shouted an audible command to Luke to stop running; then
  • released Storm.

I had seen the police officer’s statement long before the trial and was sure that this was impossible.

Manchester United’s football pitch is 105 metres from goal to goal.

Photo of Manchester United's football pitch.
View of Manchester United’s football pitch.

The officer claimed that he could see further than that distance in the dark and positively identify Luke and his friend as the people they were searching for.

The jury disagreed with the police’s version of events. They were not satisfied that Luke and his friend were running, or that the decision to release Storm was necessary or reasonable.

Paying for a Compensation Claim Against the Police

Instead of apologising and offering fair compensation, the Metropolitan Police fought Luke’s genuine claim so that he had no alternative but to go to an expensive, and unnecessary, jury trial.

The legal costs on both sides in Luke’s case will be many times more than the compensation he is paid. Because he won, all costs will be paid by the Metropolitan Police, who in turn are funded by taxpayers.

At a time when the Metropolitan Police’s funding is being closely examined, I hope those responsible will think long and hard about their conduct.

If you want to make a compensation claim against the police contact me, Iain Gould, using the online form below, on 0151 933 5525, or via my firm’s website.

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Image credit: cc licensed ( BY ) flickr photo by Paul: http://flickr.com/photos/vegaseddie/6160401568/

Why Andrew Mitchell got lucky

Iain Gould, Actions Against the Police SolicitorBy Iain Gould, Solicitor

Andrew Mitchell, the ‘Plebgate’ MP and former Chief Whip, appeared at a press conference yesterday in his ongoing case against the police.

Mr Mitchell, who I have previously written about here, is angry that the Crown Prosecution Service (‘CPS’) declined to prosecute PC Toby Rowland, the police officer at the centre of the story who reported the incident on 19 September 2012.

While his case continues, in my opinion, Mr Mitchell got lucky.

Andrew Mitchell’s disputed case against the police

On 19 September 2012, there was an incident at the gates of Downing Street between Mr Mitchell and PC Rowland.

The police officer declined to allow Mr Mitchell to exit on his bicycle via the main security gates, which were closed.

The officer instead directed Mr Mitchell to a nearby pedestrian gate which he opened for the politician.

In response, PC Rowland claims that Mr Mitchell said,

‘You should know your f***ing place, you don’t run this f***ing government, you’re f***ing plebs.’

Mr Mitchell, however claims that he simply said,

‘I thought you guys were supposed to f***ing help us.’

Although the exact wording of what was said is disputed, both say that the officer warned Mr Mitchell for swearing.

In the following weeks, newspapers published a story quoting the ‘plebs’ comment, Mr Mitchell resigned as Chief Whip, and a Channel 4 investigation cast doubt on the police’s version of events.

Following an expensive year-long investigation, the CPS have decided to prosecute only one police officer, PC Wallis, who claimed to have witnessed the incident in an email to his MP. All other police officers involved, including PC Rowland, will not face criminal charges.

Five police officers face gross misconduct charges, and three face lesser charges. PC Rowland is not among them.

Andrew Mitchell’s response to the CPS

At Tuesday’s press conference, Mr Mitchell explained the personal effects of the ‘Plebgate’ story.

As a result of the alleged lies of PC Toby Rowland, Mr Mitchell claims that:

  • his reputation was destroyed;
  • he was vilified relentlessly;
  • he received over 800 hate emails;
  • he and his family were driven from their home because of the press pack outside;
  • his mother in law was pursued in Swansea;
  • he was spat at in the street; and
  • he lost his job as chief whip.

In a direct challenge to both the police and the Director of Public Prosecutions, the politician said,

‘I wish now to make clear that PC Toby Rowland, who was responsible for writing those toxic phrases into his notebook, was not telling the truth.’

He intends to sue The Sun newspaper for libel. The tabloid was the first to use the ‘pleb’ remark and stands by its story. In suing the newspaper, Mr Mitchell hopes to call PC Rowland to give evidence and allow a jury to decide whose version of events is to be believed in his long-running case against the police.

How Andrew Mitchell is lucky in his case against the police

Both the police and Mr Mitchell agree the basic facts of the incident on 19 September as outlined above.

So, even after a public argument with the police in which Mr Mitchell admits swearing at an officer, all he received was a warning.

Unlike many of my clients, he was not:

  • assaulted;
  • arrested;
  • handcuffed;
  • escorted to a Police station;
  • obliged to provide his fingerprints or DNA sample;
  • required to have his details kept on the Police National Computer;
  • detained in police custody;
  • interviewed; or
  • prosecuted.

Don’t get me wrong, I sympathise with Mr Mitchell and his plight but as a specialist in actions against the police, I believe that Mr Mitchell was lucky to simply end up with a warning.

I am contacted by many clients who are not so fortunate.

Peter Garrigan’s case against the police for fabricated evidence

Picture of Peter Garrigan, a man who won a claim against the police after they fabricated evidence against him.
Peter Garrigan, showing a black eye caused after a police assault.

A few weeks ago, my client Peter Garrigan (details used with permission) was awarded £13,000 compensation after a unanimous jury verdict that police officers had fabricated evidence following a four-day trial at Liverpool County Court.

You can read the full report of his case against the police here.

Mr Garrigan was arrested and assaulted by officers of British Transport Police at Lime Street Station on 19 March 2009 as he attempted to assist his younger brother Daniel.

Daniel was detained by a ticket inspector as he had an invalid train ticket.

The inspector called the police when Mr Garrigan refused to leave his brother’s side.

British Transport Police officers appeared and told Mr Garrigan to leave.

Peter refused and attempted to explain the situation on behalf of his brother.

One officer took Peter’s arm. As Mr Garrigan broke free, telling the officer that force was unnecessary, the officer:

  • pushed Mr Garrigan against a wall;
  • kneed him in the stomach;
  • punched him;
  • forced him to the ground with a ‘leg sweep’;
  • pinned him face down on the train station floor;
  • put him in handcuffs; and
  • arrested him.

Mr Garrigan, who had never been arrested before, was taken to Wavertree Police Station.

Following an interview, Peter was issued a Fixed Penalty Notice for a breach of Section 5 of the Public Order Act for using ‘threatening, abusive or insulting words or behaviour’.

After Mr Garrigan indicated that he would appeal against the notice the police dropped the case against him ‘for procedural purposes’.

In a case against the police which has parallels with Andrew Mitchell’s story, Peter claimed that the police officers who assaulted him lied in their written accounts about how the incident had occurred to cover up the police assault and arrest, and to justify prosecuting him.

The threat of police prosecution hung over Peter for several months. He was stressed and upset as although the proposed prosecution was short-lived, it was of great significance in that a conviction could have ruined his dream of joining the army.

The police assault left Peter with visible injuries to the head, face and shoulders, as well as headaches and pains which lasted for several months.

Peter was determined to take a case against the police for the police assault, unlawful arrest, fabrication of false evidence, and misfeasance in public office.

After three civil court trials (read the case report for why) a jury found that the police officers assaulted Peter and fabricated evidence.

Peter won his case against the police, received an apology, £13,000 compensation, and legal costs.

Another case against the police after acquittal at Crown Court

I have just settled Mr. Thomas’s case against the police for substantial damages and legal costs.

Unlike Andrew Mitchell, Mr. Thomas (name changed), who used less colourful language in his encounter with the police, was prosecuted and convicted at court for a breach of Section 5 of the Public Order Act.

He had to appeal to the Crown Court to have his conviction overturned, and instruct me to pursue a civil case against the police to obtain justice.

You can read Mr. Thomas’s case report on my blog.

On 9 August 2008, Mr. Thomas was shopping in Morrisons Supermarket when he saw a uniformed police officer also doing his shopping.

He asked the officer,

‘There is a 9.2 million pound deficit forecast for the next 3 years and you are here shopping for bloody shoelaces and shoe polish.  Do you think this is acceptable?’

The officer replied that he needed shoelaces to chase criminals and warned Mr. Thomas that he considered his conduct amounted to a breach of Section 5 of the Public Order Act.

As with Peter Garrigan, the policeman said that he used ‘threatening, abusive or insulting words or behaviour’.

Mr. Thomas was shocked to hear that and advised the officer that he would lodge a complaint as he considered this an unjustified response to a legitimate question.

He visited the nearby Police Station and filed his complaint.

Two months later, Mr. Thomas was charged with breaching Section 5 of the Public Order Act and the case proceeded to trial.

The officer gave evidence to the effect that Mr. Thomas was aggressive and intimidating.

CCTV footage, which would have helped Mr. Thomas, was not disclosed by the Police or Crown Prosecution Service.

Mr. Thomas was convicted at the Magistrates’ Court and appealed to the Crown Court.

The CCTV evidence was shown at the appeal. It supported Mr. Thomas’s case that he was not aggressive or intimidating, and that the policeman himself did not seem alarmed or distressed.

Two years after the charges were brought Mr. Thomas’s appeal succeeded and his conviction was overturned.

I was contacted by Mr. Thomas in 2011 and asked to pursue a case against the police for malicious prosecution on his behalf.

I agreed to act by way of conditional fee ‘no win no fee’ agreement.

The claim was denied and I was obliged to issue Court proceedings against Leicestershire Police.

They vigorously fought the claim but shortly before trial Leicester Police agreed to negotiate.

They eventually paid my client fifteen times more than they originally offered in damages and legal costs.

Picture of Andrew Mitchell, 'plebgate politician' involved in a police misconduct matter.
Andrew Mitchell, ‘plebgate’ politician

Lucky man

Andrew Mitchell has been harshly treated by the police, media and his political party.

For a while, he was held up as a poster boy for everything wrong with the out-of-touch Tory party, the elite ruling classes, and modern Britain in general.

He was lucky though.

He was never assaulted, arrested, or pursued in the courts.

He had access to powerful friends and media contacts that could assist him in proving his case.

Afterwards, he could use his public profile to force the authorities to thoroughly investigate. He can pursue a libel case to clear his name.

Compared to my clients above, and the vast majority of us, he remains a privileged man.

If you want to pursue a case against the police contact me via my firm’s website or call 0151 933 5525. Alternatively, read more on my blog www.iaingould.co.uk.

 

British Transport Police ordered to pay compensation after police fabricated evidence

Picture of Iain Gould, Solicitor (lawyer) and specialist in actions against the police claims.
Iain Gould, Solicitor (lawyer)

By Iain Gould, Solicitor

Yesterday, British Transport Police (‘BTP’) were ordered to pay £13,000 plus legal costs to my client Peter Garrigan after serving police fabricated evidence.

Peter, a 26-year-old Liverpool man, was awarded compensation after a unanimous jury verdict following a four-day trial at Liverpool County Court.

The jury found that:

  • PC Paul Quest of British Transport Police unlawfully assaulted Mr Garrigan;
  • the police unlawfully arrested him, issued him with a Fixed Penalty Notice for breach of s.5 of the Public Order Act and, most shockingly of all;
  • one or two serving officers of British Transport Police fabricated evidence against my client ‘in order to cause him to be punished for  something they knew he had not done or to escape punishment for their own misconduct’.

Compensation claim against the police after fabricated evidence

Peter (shown below and details used with permission) instructed me as I specialise in civil compensation claims against the police. You can read more about me and the work I do by clicking on the link.

Picture of Peter Garrigan, a man who won a claim against the police after they fabricated evidence against him.
Peter Garrigan, showing a black eye caused after a police assault.

I previously wrote about his case as it involved a jury trial, where unfortunately a jury failed to reach a verdict. After another jury heard the evidence, they all agreed that the allegations of police assault, misconduct and police fabricated evidence were proven.

Mr Garrigan bravely took on the police, endured three trials where his evidence was tested under cross-examination, and waited four years for justice. He had never been in trouble with the police before, or since. His impeccable character has been confirmed by this significant court judgment.

His case has parallels with the Andrew Mitchell ‘plebgate’ story, which I have written about here. Mr Mitchell is currently dealing with his own case where the police allegedly fabricated evidence.

This is yet another example of abuse by serving police officers that proves that the experience of Andrew Mitchell is not unique.

Both my client and I hope that the negative publicity and judicial criticism British Transport Police have received will make serving police officers think twice before fabricating evidence in future.

You can read a full case report by clicking on the link.

If you believe that the police fabricated evidence to prosecute you and want to claim compensation, contact me using the online form below, on 0151 933 5525, or via my firm’s website. Alternatively, read more by clicking the home page link.

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Why have jury trials in actions against the police?

Iain Gould, Actions Against the Police SolicitorBy Iain Gould, Solicitor

It is a little-known fact that some actions against the police compensation claims (specifically cases involving claims for false imprisonment and/or malicious prosecution) can be decided by a jury.

The right to trial by jury in such cases was preserved for such claims against the police after it was abolished for most other civil actions in 1933.

Putting such a case before a Jury does not, however, come without complications.

cc licensed ( BY ) flickr photo shared by zzpza

Hung jury in an actions against the police claim

I am currently representing Mr. G who is suing  British Transport Police for false imprisonment, assault, misfeasance in public office, and malicious prosecution. Although, there is some limited CCTV footage, Mr. G’s actions against the police compensation claim essentially rests on his word against two Police Officers. Last week, his case went to trial before a Jury.

On the fourth day, having heard the evidence, the jury of eight retired.

After a long and stressful week in court, Mr. G hoped for Judgment in his favour in his police compensation claim.

Unfortunately, the jury were unable to reach unanimity.

In the County Court (as in this case) after a reasonable period of deliberation, the Court can accept a majority verdict of 7-1.

In Mr. G’s case, after several hours, it was clear that the jury were unable to agree to that and, in the circumstances, the Judge ordered a re-trial.

As it now stands, he must ready himself for another week in court sometime in the next year, and I will have to prepare his case for trial yet again.

So why bother having a Jury?

Judicial guidance in police claims

By s.69 of the Supreme Courts Act 1981, a party wishing to claim the right to have their case heard before a jury has to apply for it within 28 days of the service of the Defence.

Should either party fail to make such an application, the case must be tried by a Judge alone unless the Court in its discretion orders trial by jury. As May LJ noted in Times Newspapers Ltd v Armstrong (2006),

‘the discretion is now rarely exercised, reflecting contemporary practice. Contemporary practice has an eye, among other things, to proportionality; the greater predictability of the decision of a professional Judge; and the fact that a Judge gives decisions.’

Reasons to keep jury trials in police abuse claims

Given ‘contemporary practice’, why then encourage (as I routinely do) a victim of police abuse to elect jury trial?

Because an individual’s belief in the rule of law is shaken when they are a victim of wrongdoing by the police.

The police are agents of the state. The courts can be considered the same way, and I often hear scepticism of judicial independence and the need to avoid the ‘involuntary bias towards those of their own rank and dignity’ (Frank Cook v Telegraph Media Group Ltd (2011)).

Some might query whether my faith and confidence in jury trials in cases involving police abuse has been knocked.

My answer is an unequivocal ‘no’.

Having taken many civil actions against the police to trial with a jury, I remain convinced that, win or lose, my clients are far more accepting of a judgment given by their peers rather than by a Judge who may be perceived as solitary, conservative and out of touch.

Certainly, Mr. G is un-phased and is keen to have his actions against the police case heard again, confident that a new jury will find in his favour.

For all of us, but especially those making actions against the police claims, it is important that this basic right is preserved.

If you have been a victim of police abuse and want to claim compensation, please click here to read more or contact me, Iain Gould, using the online form below, on 0151 933 5525, or via the contact form at dpp-law.com.

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