The claimant was a burglar. The defendant appealed an award of damages for having assulted the claimant in the course of the burglary. The claimant had suffered injury to his face from being kicked by the defendant after the defendant had tied him up and he was on the ground. The defendant said that some injuries were caused by accident, and the others in self-defence. The injuries were serious.
Held: ‘it defies common sense on the totality of the facts of this case to say that the defendant was using reasonable force in any sense when he kicked the plaintiff whilst the plaintiff was on the ground. It does not, in reality, accord with the defendant’s own evidence, and certainly does not accord with the evidence of Dr Milroy. ‘ Appeal denied.
Citations:
[1998] EWCA Civ 896
Jurisdiction:
England and Wales
Citing:
Application for security for costs – Phillips v Wiles CA 17-Feb-1998
The claimant, a burglar, was injured by the respondent in the course of burgling the defendant’s home. His claim had been dismissed in all but a small part. The defendant farmer wanted to appeal. The claimant sought security for his costs.
Cited by:
Full Appeal – Phillips v Wiles CA 17-Feb-1998
The claimant, a burglar, was injured by the respondent in the course of burgling the defendant’s home. His claim had been dismissed in all but a small part. The defendant farmer wanted to appeal. The claimant sought security for his costs.
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 19 November 2022; Ref: scu.144375