Rejection of police’s pleaded case leads to liability for false imprisonment and assault (Watson v Chief Constable of Humberside)
PI & Clinical Negligence analysis: In this claim for false imprisonment, assault and malicious prosecution, the trial judge had rejected the police version of events, but had dismissed the claimant’s claim for damages, on a basis that had not been pleaded or explored in evidence. On appeal to the High Court, the result in the false imprisonment and assault claims was reversed, and the police held liable in those claims. It was not open to the trial judge to have decided the case on a different basis from that on the pleadings or explored in evidence. Written by Stephen Simblet KC, barrister at Garden Court Chambers. Stephen led Daniel Grütters of 1 Pump Court Chambers in the claimant’s successful appeal.