Self-defence

Ashley and another v Chief Constable of Sussex CA LSG 17 August; TLR 30 August

The claimant sought damages for assault and battery by a police officer. Although in criminal proceedings the burden of negativing self-defence is on the prosecution, in civil proceedings the burden is on the defendant to establish self-defence. A defendant had a defence of self-defence to a claim for damages for assault and battery if he showed that he reasonably and honestly, even if mistakenly, thought that it was necessary to defend himself against attack or an imminent risk of attack, and that the force he used was reasonable.