We’re pleased to confirm settlement of two connected claims brought by our clients TD and AW against the Metropolitan Police Service, arising from events in February 2023.

Duncan Burtwell from our Actions against the Police team worked on the case after the matter was initially referred to us following AW’s acquittal secured by Harry Martin in the related criminal case.

At the time, our clients were socialising with friends and in possession of Nitrous Oxide, which was not an offence at that time or location. Nevertheless, police officers approached the group as part of their patrols targeting the “Hackney night-time economy”.

Unlawful search and use of force

TD was told he would be issued with a Fixed Penalty Notice as Nitrous Oxide was banned in the Tower Hamlets area. However, they were not in Tower Hamlets, and no lawful basis was provided for the search conducted under the Psychoactive Substances Act 2016. TD, rightly questioning the officers’ powers, attempted to walk away and was forcibly searched—nothing was found.

AW intervened out of concern for his friend, challenging the officers conduct. In response, he was physically pushed and then arrested following a verbal exchange. The arrest involved disproportionate use of force, including a “neck-roll” takedown to the ground. He was later charged with an aggravated public order offence, but acquitted at trial after the key officer failed to attend.

Successful claims

TD sued for false imprisonment, assault, and unlawful search of person and vehicle – settlement of £2,500

AW sued for false imprisonment, assault, and malicious prosecution – settlement of £10,000

This case highlights ongoing concerns around police overreach, misuse of stop-and-search powers, and the use of force against young people. It also underlines the importance of holding public bodies accountable through proceedings when criminal charges are not upheld.

Duncan’s thoughts

“This case highlights the importance of quality legal representation. Our client AW faced criminal charges and on the face of it he had committed a criminal offence in using offensive language towards a police officer. However, he was fully entitled to act in defence of his friend and himself when faced with police officers acting unlawfully. AW was well advised by Sam Gilmour of this firm on his first appearance at the Magistrates’ Court to plead not guilty on this basis and I salute AW in holding his nerve and maintaining his not guilty plea. Lesser legal representation may well have led to AW pleading guilty and this would have made any civil claim against the police highly unlikely to succeed.”