Settlement for claimant in case against British Transport Police

Monday 26 September 2016

The claimant settled his claim in connection with an incident in 2011. Una Morris acted for the claimant.

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On the night in question, the claimant, who has learning difficulties, had been for a drink with a friend in the city centre. Whilst attempting to go home, the claimant was removed from a taxi by British Transport Police officers.

The claimant’s case was that he was falsely arrested for being drunk and disorderly and that, during the course of the arrest, one of the officers struck him across the head with a baton. The claimant said that he then tried to get away from the officer but was taken to the ground and knocked unconscious.

After the claimant regained consciousness, he was taken to hospital for treatment, before being transferred to the police station. At the police station, the claimant was detained and subsequently bailed. When the claimant returned to the police station to answer his bail, he was further arrested for obstructing a police officer.

The claimant was interviewed without an appropriate adult being present, despite the police being aware that the claimant required one. The claimant said in interview that he believed he would be charged in order to cover up his injuries. Following the interview, the claimant was charged with being drunk and disorderly in a public place and with assault on a constable in the execution of his duty.

The claimant brought claims against British Transport Police alleging false imprisonment, assault and battery and malicious prosecution. The claimant obtained expert evidence, which showed that the incident had caused him severe psychiatric injury, including Post-Traumatic Stress Disorder. The claim settled shortly before trial.

Una Morris is a member of the Garden Court Chambers' Claims against the Police and Public Authorities Team. She was instructed by Suzie Gregson-Murray, Sera Jones and Natalie Baldwin of Gregsons Solicitors, Nottingham.

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