The claimant had been bitten by a police dog while running away after being asked to provide a sample of breath. He was caught by the dog and then warned that if he attempted to run away again, the dog would be set to catch him. A struggle ensued, and the dog, as it had been trained to do, bit the claimant again. The judge had found the defendant’s officer’s actions lawful under the 1967 Act. He suffered serious biting injuries, and now argued that the use of the dog and the manner of its use was disproportionate.
Held: The judge had taken into account all the correct factors, and no irrelevant ones. The appeal failed.
Judges:
Ward, Jackson, Aikens LJJ
Citations:
[2008] EWCA Civ 1588
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Farrell (Formerly McLaughlin) v The Secretary of State for Defence HL 1980
The purpose of pleadings is to enable the opposing party to know the case against him. Lord Edmund-Davies said that: ‘It has become fashionable in these days to attach decreasing importance to pleadings, and it is beyond doubt that there have been . .
Cited – Pollard v Chief Constable of West Yorkshire Police CA 28-Apr-1998
Damages for assault by police dog.
Held: Though in principle reasonable force can be used in the course of assisting in the arrest of a suspected offender, that must always be reasonable and proportionate. The claimant’s appeal failed. The . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Police
Updated: 23 July 2022; Ref: scu.291919