Gaisiance v Chief Constable of British Transport Police & Ors [2025] EWHC 199 (KB) (10 February 2025)

Gaisiance v Chief Constable of British Transport Police & Ors [2025] EWHC 199 (KB) (10 February 2025)

The claim and Particulars of Claim are vague, incoherent, lack particularity, and do not disclose any reasonable grounds for bringing the claims. The claims are an abuse of process, fail to comply with court orders and rules, and are totally without merit. There is no basis on which the claims could be amended to comply with the rules. The Defendants are entitled to strike out and summary judgment. The Third Defendant is entitled to indemnity costs due to the Claimant's unreasonable conduct.

Citation
[2025] EWHC 199 (KB)
Parties
Claimant: Peter Gaisiance; First Defendant: Chief Constable of British Transport Police; Second Defendant: Commissioner of Police of the Metropolis; Third Defendant: First Great Western Limited T/A Great Western; Fourth Defendant: PC 6432; Fifth Defendant: Jack Meary
Jurisdiction
England and Wales
Judgment Date
10 February 2025
Procedural Posture
Civil Claim (tort and Related Claims) / Strike Out and Summary Judgment Applications
Outcome
Claim struck out and summary judgment granted for Defendants. Claimant's application dismissed. Costs awarded to Defendants. Claim certified as totally without merit. Referral for consideration of civil restraint order.
Legal Topics
Strike Out Applications, Summary Judgment, Malicious Prosecution, Wrongful Arrest, False Imprisonment, Assault, Excessive Use of Force, Misfeasance in Public Office, Vicarious Liability, Costs, Civil Restraint Orders
Tort Law Civil Procedure Human Rights Data Protection Strike Out Applications Summary Judgment Malicious Prosecution Wrongful Arrest +7 more

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Parties

Peter Gaisiance

Claimant

Chief Constable of British Transport Police

First Defendant

Commissioner of Police of the Metropolis

Second Defendant

First Great Western Limited T/A Great Western

Third Defendant

PC 6432

Fourth Defendant

Jack Meary

Fifth Defendant

Procedural Posture

Civil Claim (tort and Related Claims) / Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether the claim discloses any reasonable grounds for bringing the claim against the Defendants
  2. 2 Whether the Particulars of Claim are sufficiently particularised to allow the Defendants to respond
  3. 3 Whether the claims are an abuse of process

Ratio Decidendi

The claim and Particulars of Claim are vague, incoherent, lack particularity, and do not disclose any reasonable grounds for bringing the claims. The claims are an abuse of process, fail to comply with court orders and rules, and are totally without merit. There is no basis on which the claims could be amended to comply with the rules. The Defendants are entitled to strike out and summary judgment. The Third Defendant is entitled to indemnity costs due to the Claimant's unreasonable conduct.

Court Disposition

Claim struck out and summary judgment granted for Defendants. Claimant's application dismissed. Costs awarded to Defendants. Claim certified as totally without merit. Referral for consideration of civil restraint order.

Orders

  • Claim Form and Particulars of Claim struck out under CPR 3.4(2)
  • Summary judgment granted for First, Second, and Third Defendants under CPR 24.3