Skrzynski & Anor v The Commissioner of Police for the Metropolis [2014] EWCA Civ 9 (29 January 2014)

Skrzynski & Anor v The Commissioner of Police for the Metropolis [2014] EWCA Civ 9 (29 January 2014)

The police had reasonable and honestly held grounds for suspecting the claimants' involvement in the burglary at the time of arrest, based on a constellation of objective factors. The force used in effecting the arrest, including the use of 'shock tactics', was not excessive or unreasonable in the circumstances. The trial judge's findings of fact were open to him on the evidence and within the scope of the pleadings. The appeal was therefore dismissed.

Citation
[2014] EWCA Civ 9
Parties
Claimant/appellant: Maciej Skrzynski; Claimant/appellant: Karol Pokruszynski; Defendant/respondent: The Commissioner of Police for the Metropolis
Jurisdiction
England and Wales
Judgment Date
29 January 2014
Procedural Posture
Civil Appeal / Appeal From Central London County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Wrongful Arrest, Assault and Battery, Reasonable Suspicion, Use of Force by Police, Pleadings and Case Management
Tort Law Police Law Civil Procedure Wrongful Arrest Assault and Battery Reasonable Suspicion Use of Force by Police Pleadings and Case Management

Case Brief

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Parties

Maciej Skrzynski

Claimant/appellant

Karol Pokruszynski

Claimant/appellant

The Commissioner of Police for the Metropolis

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Central London County Court Judgment

Legal Issues

  1. 1 Whether the police had reasonable grounds for suspicion justifying arrest of the claimants
  2. 2 Whether the force used by police in effecting the arrest was excessive or unreasonable
  3. 3 Whether the trial judge erred in his findings of fact regarding the collision and use of force

Ratio Decidendi

The police had reasonable and honestly held grounds for suspecting the claimants' involvement in the burglary at the time of arrest, based on a constellation of objective factors. The force used in effecting the arrest, including the use of 'shock tactics', was not excessive or unreasonable in the circumstances. The trial judge's findings of fact were open to him on the evidence and within the scope of the pleadings. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed