Cleare v The Attorney General and others

Cleare v The Attorney General and others

The trial judge erred by dismissing the assault claims and rejecting the appellant's credibility without first considering the medical evidence, which was unchallenged and potentially corroborative; this constituted a structural error requiring rehearing.

Source-derived case information.

Parties
Appellant: Cleare; Respondent: Attorney General; Respondent: Commissioner of Police; Respondent: Police Sergeant Rahming; Respondent: Police Sergeant Bowe
Jurisdiction
England and Wales
Judgment Date
04 December 2017
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Assault, Inhuman and Degrading Treatment, Credibility Assessment, Medical Evidence, Unlawful Detention
Constitutional Law Tort Law Civil Procedure Assault Inhuman and Degrading Treatment Credibility Assessment Medical Evidence Unlawful Detention

Source-derived case record

Summary, issues, holding and outcome

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Parties

Cleare

Appellant

Attorney General

Respondent

Commissioner of Police

Respondent

Police Sergeant Rahming

Respondent

Police Sergeant Bowe

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the trial judge erred in dismissing assault claims without proper consideration of medical evidence
  2. 2 Whether the appellant's injuries were caused by alleged police assaults or other incidents
  3. 3 Whether the judge's approach to credibility assessment was legally flawed

Ratio Decidendi

The trial judge erred by dismissing the assault claims and rejecting the appellant's credibility without first considering the medical evidence, which was unchallenged and potentially corroborative; this constituted a structural error requiring rehearing.

Court Disposition

appeal allowed

Orders

  • Claims of assault to be reheard by another judge of the Supreme Court