Author: Matt McConville

AAP Team

Ian Kyle

Director

Nick Swales

Director

Matt McConville

Senior Associate

Lucy Smith

Senior Associate

Shannon Jenkins

Solicitor

Met Police Pay £13,500.00 to Man ‘Drunk’ at Home

Background

Mr Matthew McConville, Head of Irvings Law’s specialist Actions Against the Police, has successfully represented a client in a claim for compensation against the Metropolitan Police. Due to confidentiality, the client will be referred to as Mr S.

Mr S was arrested on suspicion of being drunk in charge of a child whilst at home despite the said child being asleep in bed and one of the attending Police Officers saying that he did not think that Mr S was drunk. On being arrested, handcuffs were aggressively and tightly applied which were refused to be loosened by the said attending Police Officers. During the time that he was handcuffed, Mr S’ wrist and hand were in immense pain whereupon he began to suffer numbness in his fingers too. Following interview Mr S was released the following morning after which he raised a complaint in relation to this incident. In response to such a complaint, it was confirmed that the said attending Police Officers failed in the way they dealt with Mr S stating that they lacked a full understanding of the offence for which Mr S was arrested as he was so under legislation that only covers offences committed either on a highway, in a public places or within licenced premises.

Representation

After this, Mr S approached specialist Actions Against the Police Solicitors, Irvings Law, for assistance. Mr McConville immediately acknowledged that what happened was completely wrong and without hesitation, offered to act for Mr G by way of “no win, no fee” presenting a claim to the Metropolitan Police on the basis of false imprisonment and assault/battery.

Resolution

Regretfully, the Metropolitan Police failed to provide a response to Mr S’ claim and due to this, Mr McConville advised Mr S to commence Court proceedings which were served. Following service of proceedings, the Metropolitan Police admitted in their Defence that there was no legal power to arrest Mr S as he was not on a highway, in a public place nor on a licenced premise. As Mr S’s arrest was admitted to be unlawful, it follows that all use of force was also unlawful and constituted an assault/battery as alleged. After service of Mr S’ finalised physical and psychological medical evidence, the Metropolitan Police entered into settlement negotiations that resulted in Mr S settling his claim on a full and final basis in the sum of £13,500.00 plus the payment of his legal costs.

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