1) Unlawful detainment whilst shopping:
“This is a claim for damages sustained by the Claimant as a result
of his unlawful arrest, false imprisonment and assault on 13th October,
2008 at The 99 Pence Shop / Poundland, St John’s Precinct, Liverpool.
The said incident occurred during the afternoon, at some time after
2.00 pm.
On the day of the said incident the Claimant attended his church in
Darley Street, Liverpool before setting off on his bike for home.
He was wearing a distinctive church uniform These garments identified
the Claimant with membership of his church. The Claimant was carrying
a rucksack, a brief case and other bags, one or more of which also
bore wordsconnecting him with his church.
On his way home, the Claimant stopped, secured his bike and made his
way to The 99 Pence Shop to purchase some goods. After he had entered
The 99 Pence Shop, the Claimant looked round and engaged in conversation
with a security officer and then went upstairs to Poundland where
he selected items which he put in a “Poundland” basket. The price
of the items totalled about £27, which the Claimant paid in cash.
As the Claimant paid for the goods the cashier put them in “Poundland”
shopping bags.
The Claimant then left “Poundland” and went back downstairs to the
99 pence shop to look round again. Again he spoke to the first security
officer. The Claimant told him he had bought a number of items and
offered to give him one as a present.
Another security officer then approached, saying to the Claimant in
a loud tone of voice: “You haven’t paid for that” and then said words
to the effect that the Claimant had not paid for the rest of his items.
The second security officer then proceeded unlawfully to arrest, falsely
to imprison and to assault the Claimant by physical detention, pushing
and man-handling him, despite the Claimant’s repeated assertions that
he had paid for the items and that “it is all a mistake”. The Claimant
was escorted through the Precinct in ahumiliating mannor. He was returened
to the Poundland storeand taken through the srore to the back.The
manager of the store accepteded their had been a mistake and there
had been no grounds for the arrest. The arrest and imprisonment of
the Claimant by the second security officer was purportedly for an
offence of theft in “Poundland”. In fact there had been no such theft
and therefore the second security officer had no right to act as he
did. The second security officer was not a constable.
The second security officer was an agent and/or employee of the Defendant
for the purposes of all his involvement with the Claimant during the
said incident. The Claimant sort damages. When considering the facts
and the manner of the arrest the following facts were taken into account
The
second security officer told the Claimant “You’re going back up”,
meaning the Claimant had to go back upstairs to “Poundland”. Then
the second security officer whilst still controlling the Claimant
by putting his hand on his back, took him up the escalator to “Poundland”.
Once there, the second security officer marched the Claimant through
the shop and into a store-room at the back. He detained the Claimant
there whilst they waited for the manageress. When she arrived the
manageress told the second security officer that he had no right to
arrest the Claimant because he had done nothing wrong. There had been
a mistake at the till. The manageress apologized, as did the second
security officer and the cashier.
As a result of the said incident the Claimant suffered loss and damage
for which he claims damages, including aggravated damages
The Claimant estimates that the said incident lasted between 20 and
30 minutes from the moment the Claimant was challenged at “The 99
Pence Shop” to the moment when he left the Poundland Shop.
The said incident occurred in the public view of crowded shops and
thoroughfare. The Claimant estimates there were between 100 and 200
members of the general public present at various places as he was
arrested and escorted back to the Poundland’s premises. He was severely
embarrassed by this.
Throughout the said incident it was obvious to onlookers from the
Claimant’s attire that he was connected with a Church and therefore
belonged to an organisation which condemned dishonesty, including
shoplifting. He was therefore exposed to ridicule and contempt beyond
that which would have been normal.
The Claimant’s sense of shame continued beyond the period of time
during which the said incident was occurring. So, for example, he
became embarrassed to wear the full church uniform and feels ashamed
to go back to the said premises (which he used to enjoy doing) in
case he is recognized and taken to be a shoplifter.
The second security officer’s tone of voice when speaking to the Claimant
was aggressive.
The second security officer could and should have minimized the Claimant’s
embarrassment by announcing after they left the storage room that
the arrest had been a mistake and/or that he apologized for causing
embarrassment. Alternatively, the Defendant could either have published
an apology afterwards or sent one to the Claimant as soon as they
became aware of his identity in about May, 2009.
After
the commencement of proceedings the claim settled for £2000.”
2)
PTS award re. opening of claim to the Criminal Injuries Compensation
Authority
In 2002 our client was working in a local confectioners
shop in Liverpool when she was held up at gunpoint. Worse was to follow.
Her assailant was standing at point blank range; our client thought
she was going to die; the assailant pointed the gun at her and fired.
The gun did not go off but the firing pin could be clearly heard.
The man ran off leaving our client traumatised. The police were unable
to trace the man. The events were reported to Victim Support; our
client had some counselling and was on long term medication. Victim
Support represented our client in a claim to the CICA and was able
to obtain an award of £2,500 in respect of the psychological damage
that this had caused her. CICA had decided to assess our client’s
case as a short term minor complaint and did not seek any medical
evidence. The client came to see Norman Jones who felt that the award
failed to reflect the true symptoms that she had suffered and the
impact that it had upon her life. She had lost her job as manageress
and lost her income and status as manageress as a result. Following
further representations the CICA increased the award to £11,000. This
was still considered to be a gross undervalue and further taking into
account:-
• The appropriate award for the psychological psychiatric injuries
ought to be £18,000;
• Further taking into account past present and future loss of earnings
including lost opportunity of working until 75;
• Care claim to reflect the needs of the client providing support
and accompanying her when leaving the house;
• Travelling expenses, prescriptions and other incidental expenses.
The matter came before the Appeal Tribunal in January 2010 sitting
in Liverpool and having heard the evidence including the medical evidence
of a clinical psychologist increased the award to £74,000. The client
has also benefited from the advice we have given in applying for and
successfully being awarded for life Industrial Injuries Disablement
Benefit. The client may now qualify for disability living allowance.
may now qualify for disability living allowance.