Buike v Chief Constable of West Yorkshire

Buike v Chief Constable of West Yorkshire

On the evidence before the court, the claimant crossed the threshold of showing that it might properly be concluded that section 329(5) does not apply. Therefore, the claim is not barred at the permission stage and should proceed to trial.

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

Case Brief

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Parties

Buike

Claimant/applicant

Chief Constable of West Yorkshire

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Permission to Bring Civil Proceedings for Assault

Legal Issues

  1. 1 Whether the claimant's application to bring proceedings for assault against the police is barred by section 329 of the Criminal Justice Act 2003
  2. 2 Whether there is a real prospect of showing that the police officer did not believe his actions were necessary under section 329(5)
  3. 3 Whether the officer's conduct was grossly disproportionate

Ratio Decidendi

On the evidence before the court, the claimant crossed the threshold of showing that it might properly be concluded that section 329(5) does not apply. Therefore, the claim is not barred at the permission stage and should proceed to trial.

Court Disposition

Appeal allowed; permission to bring proceedings granted

Orders

  • Appeal allowed
  • Claimant granted permission to bring proceedings for assault against the Chief Constable of West Yorkshire