The claimant sought damages for assault by a probationary constable. The constable had been called to a drunken party for Sainsbury’s employees.
Held: The claimant had been assaulted. Miss Morgan had introduced herself as a police officer, had threatened the claimant with arrest and had then attempted to carry out the threat or to use excessive force. She was acting in the course of her duties even though off duty. The Commissioner asked the judge to revise his draft judgment challenging the finding that the first defendant had been acting in the course of her police duties. However: ‘the right to indemnity arises because Miss Morgan has incurred costs as a result of carrying out the functions assigned to her by the Commissioner’.
Citations:
[2005] EWHC 1660 (QB)
Links:
Statutes:
Police Act 1996 88(1), Police Reform Act 2002 102
Jurisdiction:
England and Wales
Citing:
Cited – Robinson v Fernsby, Scott-Kilvert CA 19-Dec-2003
The judge had drafted his judgment and sent the drafts to the parties for comment. He then received additional written representations from one party, from which he realised that he had made an error, and issued a corrected judgment which a . .
Distinguished – Makanjuola v Commissioner of Police for the Metropolis 1990
A plain clothed off duty police officer gained entry to premises by production of his warrant card. He enquired as to the immigration status of the two residents. He told them they were in breach of the immigration regulations, and demanded sexual . .
Cited – Gravgaard v Aldridge and Brownlee (A Firm) CA 9-Dec-2004
After the court had sent its draft judgment to the parties, counsel on each side had written to the court making fresh submissions.
Held: Contentious matters should only be allowed to be re-opened in very limited circumstances once a draft . .
Cited – Lister and Others v Hesley Hall Ltd HL 3-May-2001
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.
Held: ‘Vicarious liability is legal . .
Cited – Weir v Chief Constable of Merseyside Police CA 29-Jan-2003
An off duty police officer had borrowed a marked police van without permission to help his girlfriend move house. The claimant appeared to be rummaging through his girlfriend’s belongings. The claimant refused to obey officer who was employed by the . .
Cited – Bernard v The Attorney General of Jamaica PC 7-Oct-2004
PC (Jamaica) The claimant had been queuing for some time to make an overseas phone call at the Post Office. Eventually his turn came, he picked up the phone and dialled. Suddenly a man intervened, announced . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Vicarious Liability, Police
Updated: 03 July 2022; Ref: scu.229283