Elliot Gold in successful defence of Taser excessive force and false imprisonment claim
6th February 2026
In Curwen v Chief Constable of Cumbria Constabulary [2026] EWHC 115 (KB), the High Court heard claims of false imprisonment and battery brought against the chief constable following an incident in which a claimant sustained serious injuries during police officers’ attempt to detain him.
Three police officers, two of whom were equipped with Tasers, had responded to reports of a male carrying a knife and behaving erratically. A struggle ensued as officers attempted to restrain the male, leading to multiple discharges of Taser and the use of PAVA spray.
The court held that a generalised impression of something having gone wrong and of things having got out of hand was not sufficient for the claim to succeed. Although it might have been possible for the officers to defuse matters had there been the opportunity for a considered assessment, each officer, acting individually, used no more force than they honestly and reasonably believed to be necessary in a fast-paced and escalating situation.
The claim was therefore dismissed.
Elliot practises in all areas of police law, including police pay, pensions, powers, policy and misconduct. He is a contributing author to the annual Blackstone’s Police Manual.
See the judgment here.
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