Buike v Chief Constable of West Yorkshire [2009] EWCA Civ 971 (15 July 2009)

Buike v Chief Constable of West Yorkshire [2009] EWCA Civ 971 (15 July 2009)

The claimant crossed the threshold of showing a real prospect that section 329(5) Criminal Justice Act 2003 does not apply, as the evidence (including the officer's denial and the video) raised triable issues about the officer's belief in the necessity of his actions. The lower courts erred by acting as fact-finders at the permission stage. The appeal was allowed and permission to bring the claim was granted.

Citation
[2009] EWCA Civ 971
Parties
Claimant/applicant: Buike; Defendant/respondent: Chief Constable of West Yorkshire
Jurisdiction
England and Wales
Judgment Date
15 July 2009
Procedural Posture
Appeal / Permission to Bring Civil Proceedings Under Section 329 Criminal Justice Act 2003
Outcome
Appeal allowed; permission to bring proceedings granted
Legal Topics
Assault by Police, Permission to Sue Police, Section 329 Criminal Justice Act 2003, Summary Judgment Threshold, Use of Force by Police
Civil Procedure Police Law Tort Assault by Police Permission to Sue Police Section 329 Criminal Justice Act 2003 Summary Judgment Threshold Use of Force by Police

Case Brief

Summary, issues, holding and outcome

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Parties

Buike

Claimant/applicant

Chief Constable of West Yorkshire

Defendant/respondent

Procedural Posture

Appeal / Permission to Bring Civil Proceedings Under Section 329 Criminal Justice Act 2003

Legal Issues

  1. 1 Whether the claimant has a real prospect of showing that the condition in section 329(5) Criminal Justice Act 2003 is not met
  2. 2 Whether the police officer's conduct was grossly disproportionate under section 329(3)(b)
  3. 3 Whether the lower courts erred by acting as fact-finders at the permission stage

Ratio Decidendi

The claimant crossed the threshold of showing a real prospect that section 329(5) Criminal Justice Act 2003 does not apply, as the evidence (including the officer's denial and the video) raised triable issues about the officer's belief in the necessity of his actions. The lower courts erred by acting as fact-finders at the permission stage. The appeal was allowed and permission to bring the claim was granted.

Court Disposition

Appeal allowed; permission to bring proceedings granted

Orders

  • Permission to bring civil proceedings against the Chief Constable of West Yorkshire is granted to the claimant.