Walker V Commissioner Of Police Of The Metropolis

1133 Words Nov 16th, 2015 5 Pages
A Case Note on Walker v Commissioner of Police of the Metropolis
Neutral Citation No: [2014] EWCA Civ 897

Court of Appeal (civil division): Rimer LJ, Tomlinson LJ, Sir Bernard Rix.
Appellant: Alexander Walker.
Defendant: Commissioner of Police of the Metropolis.

Material facts
Police officers were called to look into a complaint that Mr Walker had hit his partner and he subsequently got into a fight with the police. PC Adams blocked Mr Walker in the doorway to prevent him from leaving and arrested him with the reason of “public order”. Mr Walker was then taken into custody before being released on bill. He was charged with assault of a police officer in the execution of his duty. The district judge came to the conclusion that the charge had failed, as PC Adams detained Mr Walker unlawfully thus Mr Walker’s reaction was reasonable.
Almost two years after the initial trial, Mr Walker claimed against the defendant damages for false imprisonment, assault and malicious prosecution. The trial took place before Judge Freeland QC in the Central London Country Court. Mr Walker’s claim failed totally as Freeland J accepted the police’s evidence and rejected his.
Mr Walker appealed, arguing that the trial judge (1)”had erred in making a finding of fact about the nature and extent of the detention”; and (2)”applying the wrong test to decide whether the admitted detention was unlawful and based his decision on an erroneous summary of legal principles.”

Question of law/…
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