Jennifer Wright successfully defends false imprisonment and assault claim

Jennifer was instructed by DWF for the Commissioner of Police of the Metropolis in this claim for damages, including damages for personal injury, arising from the Claimant’s arrest on suspicion of causing criminal damage. The matter was heard over 9 days before a Circuit Judge sitting with a jury at Central London County Court. 

The Claimant challenged the lawfulness of her arrest and the application of handcuffs which she alleged were unnecessary and disproportionate. The jury heard extensive evidence from the Claimant and from the three officers involved in her arrest and subsequent detention. At the conclusion of the evidence, the jury returned a unanimous verdict in the Commissioner’s favour in relation to the question relating to the lawfulness of the arrest. The jury was unable to return a verdict with a majority of 5:2 (the majority agreed by the parties after one juror was discharged on the second day of the trial) on the question relating to the claim in assault.

The jury was discharged and the Court heard detailed legal argument on the appropriate resolution of the remainder of the claim, ultimately accepting Jennifer’s submissions that a full retrial on both causes of action would be contrary to both the overriding objective and the interests of justice in circumstances where the jury’s verdict on one part of the claim was clear and unanimous. The Court ruled that the arrest was lawful and dismissed the claim in false imprisonment.

At the point that the claim in false imprisonment was dismissed, the Claimant ceased to engage with her legal team. She subsequently failed to attend the final day of trial despite an order requiring her to do so and an adjournment granted to enable her to provide instructions and clarify her position. At that point, the Court accepted Jennifer’s submission that the remainder of the claim fell to be struck out as an abuse of process likely to obstruct the just disposal of proceedings.

The Commissioner was awarded his costs and, following legal submissions on the applicability of the QUOCs regime to mixed claims, obtained permission to enforce 80% of those costs against the Claimant.

Jennifer accepts instructions in all of Chambers’ core practice areas with particular interest in police law, inquests and inquiries, and public and administrative law. 

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Jennifer Wright

Call 2018