John Goss successful for two police forces in jury trial

28 April 2023

John represented the Commissioner of Police of the Metropolis and the Chief Constable of Sussex Police in a four-day jury trial in the County Court at Central London. He successfully obtained the dismissal of all claims by a claimant against both forces. The Claimant, Lyndon Kirton, had alleged that police officers from both forces had unlawfully forced entry to his home to look for a high-risk missing child. He alleged that Sussex officers had then unlawfully detained him as soon as they entered the property, and also assaulted him by holding him by the arms. The officers said they had entered the property to save life or limb based on intelligence received (among other factors), and that they had arrested and detained the Claimant based on his behaviour once they entered the property.

The claim was heard with a jury. After live evidence from six witnesses across three days, the judge discharged the jury on the basis that there were no disputed issues of fact on which he needed their assistance. That followed the Claimant’s acceptance that the factual case for the police had been proven, including the intelligence they had relied on and his behaviour within the property. The Claimant’s counsel nonetheless sought to persuade the judge that the officers’ genuine belief in the necessity to enter the property, to arrest, and to use force were unreasonable. John’s submissions in response were accepted in full, leading to the claim against both police forces being dismissed. The court held that the officers had lawfully entered the property, lawfully arrested the Claimant, and lawfully used a very slight degree of force against him. The Claimant was ordered to pay the costs of both forces, with an order made for substantial interim payments on account of costs pending detailed assessment.

John regularly acts for police forces in civil claims relating to use of police powers as well as human rights, counter-terrorism, data protection and information, and public law matters. He is ranked as Rising Star for police law in The Legal 500, and as Up & Coming for police law in Chambers & Partners.


Related areas

Data Protection
Police Law

Search

Join our mailing list to receive the latest news and event updates.

Subscribe

Popular

16 April 2024

Chambers is delighted to announce that Head of Chambers, Jason Beer KC is one of only…

Discover more

14 February 2022

The first hearings of the Post Office Horizon IT Inquiry commenced today.  Previously a non-statutory…

Discover more

19 December 2023

A message from Head of Chambers, Jason Beer KC, looking back at the past 12…

Discover more
Affiliations

 

Affiliations

Portfolio Builder

Select the practice areas that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)