Success in the Court of Appeal in tasering case

October 25 2024

In April 2018, Edwin Afriyie was stopped by City of London Police, driving his car. He was never charged with any driving offences.

He was asked to give a breath sample. That set in train a series of events that led to him being tasered. When he was tasered, he was standing with his arms folded, talking to a friend.

Mr Afriyie sued the City of London police. His solicitor, Kevin Donoghue of Donoghue Solicitors in Liverpool, instructed David Hughes.

His case was first heard in 2022. Unfortunately, after the trial had ended but before a decision was reached, the judge fell ill. That meant the case had to be re-tried. It was heard before Mrs Justice Hill. She gave her judgment in June 2023. She dismissed Mr Afriyie’s claim.

Mr Afriyie appealed. Richard Clayton KC, a door tenant at 30 Park Place and co-author of the leading textbook on civil actions against the police, joined the team to lead the appeal.

The appeal was heard on 8th October 2024. Both Richard and David addressed the Court of Appeal.

This morning, the Court of Appeal handed down its judgment. It allowed Mr Afriyie’s appeal. Lord Justice William Davis said that “The use of the taser was not objectively reasonable in the circumstances…” and the Lady Chief Justice said “…tasers are prohibited firearms. They are potentially lethal weapons… (the tasering officer) had agreed in evidence that the appellant could have been killed by the use of the taser. The use of the taser on the appellant, who at the time of discharge was standing still in a non-aggressive stance with his arms folded and talking to his friend, was not objectively reasonable in the circumstances”.