Wamala v (1)Home Office (2)Reliance Secure Task Management Limited – The Instruction of a ‘Use of Force’ Expert
The Claimant is a Ugandan national who pursues an action for damages in respect of, amongst other things, false imprisonment and assault on an aircraft. The incident arose out of an attempt to deport him and the forces used during this process. The Claimant applied for permission to rely upon a ‘use of force’ expert with respect to the reasonableness of the control and restraint techniques used whilst he was detain on and in the vicinity of the aircraft and as to whether it complied with the Prison Service’s control and restraint manual. Having been refused permission by Master Cook he appealed, his appeal being heard on 28 March 2014 before Mr Justice Mitting. The appeal was dismissed on the basis that the question for the trial judge was whether the force used was reasonable and that was a question of law and fact which a judge was quite capable of determining without the assistance of an expert. It was also found that the cost of such evidence, having regard to the likely value of the claim, was disproportionate.
Iain Daniels was instructed Horwich Farelly on behalf of Reliance