Police – Here's To You, Mrs Robinson

The Supreme Court has allowed the appeal of a Claimant who was injured by police officers during the arrest of a drug dealer.

The Supreme Court found the positive action by the police had resulted in a duty of care between the parties and that the police had breached this duty, thus overturning the decision of the Court of Appeal.

The facts

DS Willan had spotted Mr Williams dealing drugs in a park in Huddersfield. He chose not to make an arrest, instead waiting for backup. Three other plain clothes officers arrived. It was agreed that Willan and another officer would approach and arrest Williams outside a shop. Having identified the risk of escape, the other two officers were positioned in the opposite direction to prevent escape and then assist in the arrest.