Hodge Jones & Allen

Man wins £16,000 in damages against the Police for assault and wrongful arrest

23rd March 2011

 

Susie Labinjoh, Head of Civil Liberties at Hodge Jones & Allen LLP, has achieved a fantastic result on a recent action against the police.  On 21st March 2011, a jury at Central London County Court returned a unanimous finding against the Commissioner of Police of the Metropolis.  The case was brought by Susie and instructed counsel Leslie Thomas of Garden Court on behalf of Mr Fredrick Battick.  Mr Battick’s claim was for false imprisonment, assault, and misfeasance in a public office.  As a result of the jury’s decision, he won on all three heads of claim.

 

Case outline

On 4th June 2004, Mr Battick came across an altercation in the street and bravely disarmed a woman who had been wielding a long kitchen knife. Whilst on his way to the police station to hand the knife in, he was stopped by police officers who were on their way to the scene.  The officers then subjected Mr Battick to a search in the street.  In the course of this search, they found a child benefit book (for his daughter in his wife's name), together with his photo driving licence in his own name, and then proceeded to accuse him of stealing the benefit book.

Mr Battick explained that the benefit book was his wife's and related to his daughter (who both have the same surname as him) but the officers did not appear to accept his account.  He then attempted to snatch the benefit book back from the officers, whereupon they forcibly restrained him and arrested him for threatening behaviour and theft of a benefit book.  He was then put in handcuffs which were so tight that they caused him serious injuries.  These injuries later required hospital treatment and the pain remained with him for some months afterwards. Mr Battick was detained for approximately seven hours, before being released without interview or charge in relation to this incident.

 

Judge’s summary

In his summing up, the judge commended Mr Battick's ‘public spirited act’.  Indeed, counsel for the police himself remarked on Mr Battick’s 'good deed' and accepted that it was right that he had been released without charge.  After the jury returned their verdict, the defendant agreed to pay Mr Battick £16,000 in damages, in addition to his legal costs.