JOHN MURRAY v SALEH IBRAHIM MABROUK

JOHN MURRAY v SALEH IBRAHIM MABROUK

The defendant, Saleh Ibrahim Mabrouk, was found jointly liable for the assault and battery committed during the shooting of WPC Yvonne Fletcher, on the basis that he was a leader of the Revolutionary Committee controlling the Libyan People’s Bureau, had knowledge of and participated in the common design to use violence against anti-Gaddafi demonstrators, facilitated the entry of shooters and weapons, and made statements confirming the plan to use guns. His actions amounted to material assistance in pursuit of the common design, and he was therefore liable as a joint tortfeasor.

Parties
Claimant: John Murray; Defendant: Saleh Ibrahim Mabrouk
Jurisdiction
England and Wales
Judgment Date
16 November 2021
Procedural Posture
Tort (assault and Battery) / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Assault, Battery, Joint Liability, Common Design, Procurement Liability, Trespass to the Person, Damages
Tort Law Civil Procedure Assault Battery Joint Liability Common Design Procurement Liability Trespass to the Person +1 more

Case Brief

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Parties

John Murray

Claimant

Saleh Ibrahim Mabrouk

Defendant

Procedural Posture

Tort (assault and Battery) / Judgment After Trial

Legal Issues

  1. 1 Whether the shooting of WPC Yvonne Fletcher constituted a tort against the claimant, John Murray
  2. 2 Whether the defendant, Saleh Ibrahim Mabrouk, is jointly liable for the assault and battery under common design or procurement liability

Ratio Decidendi

The defendant, Saleh Ibrahim Mabrouk, was found jointly liable for the assault and battery committed during the shooting of WPC Yvonne Fletcher, on the basis that he was a leader of the Revolutionary Committee controlling the Libyan People’s Bureau, had knowledge of and participated in the common design to use violence against anti-Gaddafi demonstrators, facilitated the entry of shooters and weapons, and made statements confirming the plan to use guns. His actions amounted to material assistance in pursuit of the common design, and he was therefore liable as a joint tortfeasor.

Court Disposition

Judgment for the claimant

Orders

  • The defendant is jointly liable for the assault and battery committed during the shooting of WPC Yvonne Fletcher.
  • The claimant is awarded nominal damages of £1.