The defendant appealed an award of damages in favour of the applicant for assault by police officers whilst held in police custody. The said the judge should have allowed the claimant’s criminal record in in full.
Held: The judge had directed the jury correctly. However as to damages, the award of exemplary damages was exessive, and was reduced.
Citations:
[2001] EWCA Civ 1547
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Clifford v Clifford 1961
The court stated the common law position of the cross examination of a defendant on his antecedents. Cairns J said: ‘The range of permissible cross-examination as to credit is, however, a very wide one. It has never, I think, been doubted that a . .
Cited – Thompson v Commissioner of Police of Metropolis; Hsu v Same CA 20-Feb-1997
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault.
Held: The court gave a guideline maximum pounds 50,000 award against police for . .
Cited – Regina v Sweet Escott QBD 1971
There are limits as to what may be put to a witness by way of cross-examination as to credit. Lawton J said: ‘What, then, is the principle upon which the judge should draw the line? It seems to me that it is this. Since the purpose of . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 27 June 2022; Ref: scu.218480