HNK Recover £34,000 in Damages and Costs For Client Against British Transport Police and Avon and Somerset Police

HNK Solicitors recently helped a client to claim £34,000 in compensation from the British Transport Police and Avon and Somerset Police for assault and battery, personal injury and aggravated damages. The case was handled by solicitor Vivien Lee, who supported the client, referred to as R, throughout the entire case, negotiating on their behalf to get the compensation they deserved.

The police are governed by a specific set of rules that are in place to ensure they do not abuse their powers. The Police and Criminal Evidence Act (PACE) outlines police powers and clearly defines the rules officers should follow in order to lawfully conduct their job. Unfortunately, at times, some officers abuse these powers, which leads to cases like the one below, where people are unfairly treated by police.

This, in particular, is an example of excessive use of force against an individual by the police, as R was wrestled to the ground, tasered multiple times, and Captor sprayed and beaten with a baton. This left R with injuries to the legs, eyes, wrists and abdomen as well as psychological trauma following the aggressive incident. This is not acceptable under the circumstances.

You should not accept poor police conduct. If the police abuse their powers, you have the right to take action. Read on to find out more about this case and how we helped them claim compensation.

Background of the case

On 9th June 2021, R was at Keynsham Train Station when he was approached by an Avon and Somerset Police Officer, PC G.

R provided PC G with his name but declined to provide his date of birth, as no reason was given for the request for his date of birth.

PC W and PC Y of the British Transport Police attended. PC W arrested the Claimant for trespassing on the railway. R offered to provide his personal details, but the officers proceeded with the arrest.

R was handcuffed, Captor sprayed, wrestled to the ground, tasered multiple times and beaten with a baton, suffering with injuries to his legs, eyes, wrists, abdomen and psychological trauma.

The law

Section 117 PACE

Section 117 PACE allows police officers to use reasonable force when carrying out their duties.

Section 3 Criminal Law Act 1967

Section 3 Criminal Law Act 1967 allows a police officer to use reasonable force in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders of or persons unlawfully at large.

Civil claim for damages

The Claimant instructed HNK Solicitors in October 2021 to represent him against the Chief Constables of both the British Transport Police and Avon and Somerset Police.  A Letter of Claim was served on both Defendants, claiming damages for false arrest and imprisonment, assault and battery/trespass to the person and personal injury.

The Defendants responded to the claim:

• PC W had an objectively reasonable belief that R had committed an offence of trespass on the railway;
• PC W believed R’s arrest was necessary to confirm his identity;
• The use of handcuffs was lawful pursuant to s.117 of the Police and Criminal Evidence Act 1984 (“PACE”)
• It was admitted that the use of Captor and baton strikes was, in all the circumstances, an unreasonable use of force.
• The force used by PS G, namely the deployment of his taser, was reasonable in the circumstances, pursuant to s.117 PACE and s.3 of the Criminal Law Act 1967.

Litigation

HNK Solicitors issued Court proceedings on R’s behalf, pleading assault and battery, personal injury and aggravated damages.

Following settlement negotiations between the parties, prior to a Defence being filed, R’s claim against both Defendants was settled for £34,000, including legal costs. 

HNK Solicitors can help with your action against the police claim

At HNK Solicitors, we have a team of dedicated actions against the police solicitors with many years of experience helping clients to successfully claim compensation against police forces throughout England and Wales. When making a civil claim against the police, it is always best to instruct a specialist actions against the police solicitor as these claims are highly contested, and they have a deep understanding of the relevant laws and regulations, so they can negotiate on your behalf to ensure you get every penny you’re entitled to.

If you have ever been mistreated by police and want to find out more about making a action against the police claim, get in touch with our team today on 0151 668 0809 or enquiries@hnksolicitors.com. We offer free consultations to discuss your case and can even take on your case on a no-win, no-fee basis, so it doesn’t cost you anything upfront to start your claim. Why not get started on your claim today by filling in our online claim form?