< Back to previous page

Thames Valley Police driver was professionally negligent, court rules

Published on 15 Jan 2010 under category: legal

The Court of Appeal has found Thames Valley Police guilty of professional negligence and ordered the force to pay damages to a man whose foot was run over by a patrol car.

The case in questioned concerned a Buckinghamshire biker, Micheal Henry, who was clocked by a routine police patrol reaching speeds of up to 100mph on public roads back in August 2004.

Although officers pursued him, the rider declined to stop for them, returning to his home where he parked on his driveway and dismounted.

It was here that the patrol car pulled in and hit him with its front wheel, pinning Mr Henry to the ground and injuring his foot and ankle.

Now, following on from a case last year that saw Reading County Court turn down the biker's bid to sue Thames Valley Police for £600,000, the Court of Appeal has ruled that the police driver was guilty of professional negligence, even if Mr Henry was '60 per cent' to blame for his own injury.

"A moving car is a dangerous thing and the effect of misjudging his placement is potentially very dangerous," Lady Justice Smith said.

"His negligence was the direct and immediate cause of the appellant's injury."

Earlier this month, the Londonderry Sentinel reported that a total of 440 personal negligence claims are pending against the Western Health and Social Care Trust in Northern Ireland.

If you require advice on Professional Negligence please call us on +44 (0)20 7831 0101 and ask for Peter Mellett.