Una Morris represented the claimant at trial at Nottingham County Court in December 2014. The claimant had alleged that he had been assaulted when he was sprayed by a police officer with CS spray, that he had been falsely imprisoned when he was arrested and detained, and that he had been maliciously prosecuted when he was subsequently tried and acquitted of assault on a constable by the magistrates’ court.
The civil trial against the police for damages took place before HHJ Godsmark QC sitting with a jury, at the conclusion of which the claims were dismissed.
The claimant sought permission to appeal on two grounds relating to decisions made by the judge during the course of the trial. The two grounds of appeal concern whether ‘bad character’ evidence ought to have been before the jury and whether, in the circumstances, the judge should have allowed the jury to determine whether the force used by the police on the claimant was reasonable, rather than determining that question himself.
The claimant has now been given permission to appeal to the Court of Appeal by Lord Justice Beatson, on the basis that there is a real prospect of success on both grounds. The appeal will be heard in 2016.
Una is instructed by Sera Hughes, Gregsons Solicitors in Nottingham.