Hutchinson V Metropolitan Police Commissioner & Anor

The court found Miss Hutchinson's account of events unreliable and inconsistent, preferring the evidence of Miss Morgan and Mr Meechan. On the balance of probabilities, no assault by Miss Morgan occurred. Consequently, the claim against both defendants failed. The Commissioner was held liable to indemnify Miss Morgan for her reasonable costs, as she was found to have acted in the course of her duties from the time she produced her warrant card.

Parties: Claimant: Debbie Hutchinson; First Defendant: Commissioner of the Metropolitan Police; Second Defendant: Danielle Morgan
Jurisdiction: England and Wales
Judgment Date: 27 July 2005
Procedural Posture: Civil / Judgment After Trial
Outcome: Claim dismissed
Legal Topics: Assault and Battery, Vicarious Liability, Personal Injury, Police Misconduct, Damages, Costs

Tort Police Law Employment Assault and Battery Vicarious Liability Personal Injury Police Misconduct Damages +1 more

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2

Parties

Debbie Hutchinson

Claimant

Commissioner of the Metropolitan Police

First Defendant

Danielle Morgan

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

1 Whether Miss Morgan assaulted Miss Hutchinson
2 Whether the Commissioner is vicariously liable for Miss Morgan's actions under s 88(1) Police Act 1996
3 Causation of physical and psychiatric injuries

Ratio Decidendi

Court Disposition

Claim dismissed

Orders

Claim by Miss Hutchinson dismissed against both defendants
Miss Hutchinson to pay the costs of both the Commissioner and Miss Morgan, including costs of Part 20 claims