Ward vs Chief Constable of Greater Manchester Police

This case concerned a claim for injuries sustained by Mr. Thomas Ward during his apprehension by police officers and a police dog.

TLDR:

• Mr. Ward was injured by a police dog during his arrest.
• He claimed the force used was grossly disproportionate.
• The court granted permission for his claim to proceed.

On the evening of 23 October 2015, Mr. Thomas Ward was driving in Manchester when he was pursued by a police car. Mr. Ward, wanted for multiple burglaries, did not stop and led the police on a dangerous chase to a travellers' site.

Upon arrival at the site, Mr. Ward exited his car and ran. The police, including a dog handler and police dog Jerry (PD Jerry), followed. Mr. Ward claimed he was tackled, handcuffed, and then bitten by PD Jerry, causing significant injuries.

The police account differed, stating that Mr. Ward was warned about the dog but did not stop. PD Jerry was commanded to 'hold him,' resulting in a struggle where PD Jerry bit Mr. Ward's leg.

Mr. Ward suffered a severe wound and was taken to the hospital. He later pleaded guilty to dangerous driving and was sentenced to imprisonment. He sought to bring a civil claim for the injuries caused by PD Jerry.

Under Section 329 of the Criminal Justice Act 2003, Mr. Ward needed court permission to proceed with his claim due to his criminal convictions. The court had to determine if the force used was grossly disproportionate.

The court considered whether the police acted within the bounds of necessary force or if their actions were excessive. The court found that there was a real prospect of Mr. Ward's claim succeeding and granted permission for the case to proceed.

This decision underscores the importance of scrutinizing police conduct and the use of force during arrests, particularly involving police dogs.

Legal representatives: Frederick Powell (instructed by Binders & Partners LLP) for the claimant, George Thomas (instructed by Greater Manchester Police) for the defendant.

Judicial Panel: Master Sullivan

Case Citation Reference: [2024] EWHC 1297 (KB)