Mr Ian Kyle, Director at Irvings Law which has a specialised Actions Against the Police Department, has successfully represented Mr Thomas Harries whom was unlawfully detained and pepper sprayed during that said alleged wrongful detention.
Due of a disturbance in his home, Mr Harries decided to go for a walk but whilst he was walking, Police Officers from Cheshire Constabulary pulled up next to him and enquired as to where he was going and the reasons why. Mr Harries willingly provided and explanation and accepted the Police’s invitation to sit in their car.
After some time, Mr Harries then wanted to get out of the car and should have been free to do so as he had not been arrested. However, the Police Officers stopped Mr Harries from getting out and a struggle ensued during which, Mr Harries was pepper sprayed and forcefully handcuffed behind his back despite still not being under arrest. Mr Harries was subsequently taken to Blacon Police station and was put in a cell for the rest of the evening and released the next day without any formal questioning within a formal interview.
Upon receipt of instructions to act, assessments were made of Mr Harries’ claim and without hesitation, Mr Kyle offered to act on a no win, no fee basis. After this, Mr Kyle submitted a Letter of Claim to Cheshire Constabulary alleging that Mr Harries was unlawfully detained (as he was not arrested and despite this, was not allowed to leave the Police car that he wilfully got into) and during this unlawful detention, he was assaulted as excessive force was used upon him.
In response to the claim, Cheshire Constabulary made a derisory offer to settle Mr Harries’ claim. As such, Mr Kyle advised Mr Harries to push for more that eventually resulted in him achieving an award of £4,250.00 plus payment of Mr Harries’ legal fees.