Wilson v Commissioner Of Police For Metropolice [2002] EWCA Civ 434 (28 February 2002)

Wilson v Commissioner Of Police For Metropolice [2002] EWCA Civ 434 (28 February 2002)

The evidence, particularly the video footage, supported the finding that the police officer deliberately and unlawfully assaulted the claimant, and the trial judge was entitled to reach this conclusion on the balance of probabilities.

Citation
[2002] EWCA Civ 434
Parties
Claimant/respondent: John Michael Wilson; Defendant/appellant: The Commissioner of Police for the Metropolis
Jurisdiction
England and Wales
Judgment Date
28 February 2002
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Assault by Police, Deliberate Use of Force, Liability for Personal Injury, Standard of Proof in Civil Cases
Tort Law Personal Injury Police Law Assault by Police Deliberate Use of Force Liability for Personal Injury Standard of Proof in Civil Cases

Case Brief

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Parties

John Michael Wilson

Claimant/respondent

The Commissioner of Police for the Metropolis

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the police officer deliberately and unlawfully assaulted the claimant
  2. 2 Whether the evidence supported a finding of deliberate assault rather than accidental or defensive contact

Ratio Decidendi

The evidence, particularly the video footage, supported the finding that the police officer deliberately and unlawfully assaulted the claimant, and the trial judge was entitled to reach this conclusion on the balance of probabilities.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant to pay costs of the appeal, including reasonable costs of additional evidence