McDonnell v Commissioner of Police for the Metropolis and another

Assault – Civil action. The claimant's claim for damages for assault, in which he alleged that unreasonable and excessive force was applied in the course of his arrest, was dismissed and he appealed. The Court of Appeal, Civil Division, upheld the judge's decision on the basis set out in the respondents' notice. It held that, on the facts, the judge had been plainly wrong to have found, even as a 'borderline case', that it had been more likely than not that the force used had been unreasonable and excessive. In the circumstances of the case, the force used had not been unreasonable, excessive or disproportionate.

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