Director at Irvings Law, Mr Ian Kyle, has successfully represented a client (Mr Brian Sliman) against the Metropolitan Police in relation to a claim of false imprisonment and assault, whereby he was arrested and detained in relation to an allegation that, he himself, was the victim of.
Background
In October 2019, Mr Sliman was shopping at his local Co-Op store when he witnessed a verbal disturbance occur whereby his two friends were being threatened by a third party. Mr Sliman intervened to help his friends and was subsequently subjected to threats from the abusive individual. Mr Sliman decided to leave the store in order to defuse the situation, however he overheard the individual on the phone to the Police falsely alleging that Mr Sliman was threatening him instead.
The individual also pretended that he was being beaten up by Mr Sliman. To protect himself and to notify the Police of the truth, Mr Sliman called the Police himself to clarify what had happened and he even had a witness confirm his version of events over the phone to the Police too. Soon after, Mr Sliman gave a full statement to the Police in relation to this incident to assist with their investigation. Later that same evening, this same individual walked past Mr Sliman. Even though nothing happened on this occasion, for a second time, the individual made a further false report to the Police alleging that Mr Sliman was again threatening towards him.
Unsurprisingly, Mr Sliman became increasingly anxious for his own safety as a result of the two false allegations that had been made against him. As such, Mr Sliman attended Lavender Hill Police Station the following day to make a statement about these said matters. To his dismay whilst attending the Police Station voluntarily, Mr Sliman was arrested on suspicion of making threats to kill the said third party. Despite his consistent co-operation with the Police, they handcuffed Mr Sliman and confusingly transported him to another Police Station where her was placed him into a cell until he was interviewed.
It later transpired that the Police did not take the basic steps to retrieve the CCTV from the Co-Op store, nor have a copy of the statement that made by Mr Sliman about this incident before he attended the Police Station voluntarily. Nonetheless, Mr Sliman continued to be co-operative the entire time and answered all questions put to him in interview which later resulted in him later being released without charge.
Representation
Mr Kyle swiftly acknowledged that this Police conduct was unacceptable and offered to act for Mr Sliman on a ‘no win no fee’ basis. Mr Kyle was then quick to request and obtain all information, documents and footage that the Police held regarding Mr Sliman’s arrest in order to conduct a full analysis on the obvious strengths of Mr Sliman’s case.
Mr Kyle was satisfied that the conduct of the Police in this instance amounted to false imprisonment on the basis that Mr Sliman’s arrest was not necessary. As Mr Sliman’s arrest was deemed by Mr Kyle to be unlawful, the application of force (such as Mr Sliman’s handcuffing) also amounted to an assault/battery to Mr Sliman. After explaining the above to Mr Sliman, a Letter of Claim for compensation was submitted to the Police’s legal team for consideration.
Without accepting or denying liability soon after receipt of this, the Police’s legal team made an offer to settle Mr Sliman’s claim. Mr Kyle felt that Mr Sliman deserved to receive more than what was offered by the Police’s legal team owing to the ordeal Mr Sliman suffered which included him being deprived of his liberty. Mr Kyle then took the pro-active step of instructing a specialist barrister to conduct a full valuation of the claim who valued Mr Sliman’s claim at £4,500.00.
Result
Following this, Mr Kyle remained stern in his approach and advised Mr Sliman to refused the offer from the Police’s legal team and instead make a counter-offer of £4,500.00. Mr Sliman followed Mr Kyle’s advice and after further discussions with the Police’s legal team, they agreed to settle Mr Sliman’s claim for this amount.
