John Beggs QC and Aaron Rathmell appeared for the Metropolitan Police Service in the case arising from the Davis shooting. Mr Justice Nichol dismissed the claim, concluding:
“The claim in battery fails because the claimant was shot in lawful self-defence by Z32 who wrongly, but honestly and reasonably, believed that he was about to be shot. The claim in negligence fails because the defendant owed the claimant no duty of care, but, in any case, there was no material negligence on the part of the police. Article 2 of the European Convention on Human Rights was engaged, but it was not violated either by the act of Zi32 in shooting the claimant, nor in consequence of the planning or conduct of the operation.”
A copy of the judgment is available here.
John and Aaron are currently representing Northumbria Police in a claim brought by the family of the late PC David Rathband for alleged negligence in respect of the Raoul Moat shootings. The case is listed for two weeks.