Farleys were instructed on behalf of the Mr B in connection with a claim for false imprisonment, assault and malicious prosecution following his arrest.
Mr B had attended the Manchester United and Blackburn Rovers football match at Old Trafford with a group of friends. Mr B was both a supporter of Manchester United and Blackburn Rovers (due to this being his home town). Whilst at the stadium the Mr B decided to purchase a green and yellow Manchester United scarf as a souvenir, he put on the scarf and took his seat in the away end. At the time of the incident in question the Mr B was with his friends chanting and having “banter” about his scarf.
An officer from Greater Manchester Police approached Mr B and asked him to come with him, he was then grabbed by the officer and another officer. They proceeded to drag him through the crowd of people on the concourse to the top of the stairs. At no point was Mr B advised that he was under arrest and furthermore at the hearing at the Magistrates Court the officers accepted that they did not hold an intention to arrest the Mr B at that stage as no offence had been committed.
Mr B struggled to release himself from their grasp, and grabbed hold of the stair rail at the top of the stairs to stop himself from falling. The officers proceeded to strike him to his knee and leg area and elbowed him in his back. Mr B was dragged down the stairs before being pushed into a wall causing his head to strike the wall behind him. Despite suffering from concussion as a result of the fall Mr B was not offered any form of medical treatment and was only at that stage arrested for a s5 Public Order Offence.
How Farleys Were Able To Help
Mr B was arrested for allegedly causing the officer to be distressed and harassed as a result of his language. Mr B denied the offence and in any event any behaviour exhibited by Mr B was a result of the Defendant Officers, unlawfully restraining him and assaulting him.
At the court hearing, submissions were made by Counsel for Mr B that there was no case to answer. That the officers did not comply with PACE and therefore his arrest was unlawful and that no offence had taken place. The Magistrates returned no case to answer and dismissed the case.
Liability was admitted upon receipt of the letter of claim for assault and false imprisonment but the claim for a malicious prosecution was denied. An offer in the sum of £1,750 was made by the Police. Farleys obtained medical evidence on behalf of Mr B and the claim thereafter settled prior to the issue of proceedings in the sum of £5,750. Farleys also successfully recovered his legal costs.