Skrzynski & Anor v The Commissioner of Police for the Metropolis

Skrzynski & Anor v The Commissioner of Police for the Metropolis

The police had reasonable and honestly held grounds for suspecting the claimants of involvement in a burglary, based on the totality of circumstances, including the vehicle's movements, partial description matches, and the presence of cash. The force used by the police was not excessive or unreasonable given their perceptions at the time. The trial judge's findings of fact were open to him on the evidence, and the appeal was based on misconceptions regarding pleadings and the factual basis of the decision.

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 Trial Court Judgment
Outcome
Appeal dismissed
Legal Topics
Wrongful Arrest, Assault and Battery, Reasonable Suspicion, Use of Force by Police, Pleadings and Trial Procedure
Tort Law Criminal Procedure Police Powers Wrongful Arrest Assault and Battery Reasonable Suspicion Use of Force by Police Pleadings and Trial Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Maciej Skrzynski

Claimant/appellant

Karol Pokruszynski

Claimant/appellant

The Commissioner of Police for the Metropolis

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment

Legal Issues

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

Ratio Decidendi

The police had reasonable and honestly held grounds for suspecting the claimants of involvement in a burglary, based on the totality of circumstances, including the vehicle's movements, partial description matches, and the presence of cash. The force used by the police was not excessive or unreasonable given their perceptions at the time. The trial judge's findings of fact were open to him on the evidence, and the appeal was based on misconceptions regarding pleadings and the factual basis of the decision.

Court Disposition

Appeal dismissed