Wilson v Commissioner Of Police For Metropolis [2001] EWCA Civ 1708 (23 October 2001)

The video evidence was insufficient to conclusively establish a deliberate assault to the required standard of proof, justifying permission to appeal.

Citation: [2001] EWCA Civ 1708
Parties: Respondent/claimant: John Wilson; Applicant/defendant: Commissioner of Police of the Metropolis
Jurisdiction: England and Wales
Judgment Date: 23 October 2001
Procedural Posture: Civil Appeal / Permission to Appeal From High Court Judgment
Outcome: Permission to appeal granted
Legal Topics: Assault by Police, Standard of Proof, Evidentiary Assessment

Tort Law Police Law Assault by Police Standard of Proof Evidentiary Assessment

Case Brief

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Parties

John Wilson

Respondent/claimant

Commissioner of Police of the Metropolis

Applicant/defendant

Procedural Posture

Civil Appeal / Permission to Appeal From High Court Judgment

Legal Issues

1 Whether the police officer's conduct constituted a deliberate unlawful assault
2 Whether the evidence, particularly video footage, met the requisite standard of proof

Ratio Decidendi

The video evidence was insufficient to conclusively establish a deliberate assault to the required standard of proof, justifying permission to appeal.

Court Disposition

Permission to appeal granted

Orders

Appeal to be expedited to be heard this term if possible
Interlocutory directions to remain undisturbed