The case was being heard before a civil jury. The parties had agreed a description of the facts, and prepared an agreed list of issues where there remained factual disputes. The judge had gone beyond those lists, and acted as if she was trying the case, rather than the jury. She embarked upon a fact-finding exercise of her own, and made factual findings adverse to the police. She should not have done so, but rather summed up for the jury. If she needed findings of fact in order to be able to give rulings, then she should have put those to the jury for their decision.
Citations:
Times 04-May-2001, [2001] EWCA Civ 538
Links:
Jurisdiction:
England and Wales
Litigation Practice, Police, Torts – Other
Updated: 18 May 2022; Ref: scu.78098