Cleare (Appellant) v The Attorney General and others (Respondents) (Bahamas)

Cleare (Appellant) v The Attorney General and others (Respondents) (Bahamas)

The trial judge erred by dismissing the appellant's assault claims and rejecting his credibility without first considering the medical evidence, which was unchallenged and potentially corroborative; this structural failing requires the claims to be reheard.

Source-derived case information.

Citation
[2017] UKPC 38
Parties
Appellant: Cleare; Respondent: Attorney General; Respondent: Commissioner of Police; Respondent: Police Sergeant Rahming; Respondent: Police Sergeant Bowe
Jurisdiction
United Kingdom
Judgment Date
04 December 2017
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Assault, Inhuman and Degrading Treatment, Judicial Fact Finding, Medical Evidence, Credibility Assessment
Constitutional Law Tort Law Civil Procedure Assault Inhuman and Degrading Treatment Judicial Fact Finding Medical Evidence Credibility Assessment

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 by dismissing assault claims before considering medical evidence
  2. 2 Whether the appellant's injuries were caused by alleged police assaults or other incidents
  3. 3 Whether the judge properly assessed credibility in light of corroborative medical evidence

Ratio Decidendi

The trial judge erred by dismissing the appellant's assault claims and rejecting his credibility without first considering the medical evidence, which was unchallenged and potentially corroborative; this structural failing requires the claims to be reheard.

Court Disposition

appeal allowed

Orders

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