02/07/2026
Some good news to report! Our client, AB, recently won his case against the Chief Constable of North Wales before Her Honour Judge Owen at Caernarfon County Court.
AB was represented by our expert actions against the police team including Kevin Donoghue Solicitor Advocate and Kemmi Alfa Chartered Legal Executive. He was also advised and represented at the three-day trial by barrister Sam Aynsley.
HHJ Owen awarded AB compensation after now ex- PS Dawson, a North Wales Police custody sergeant, unlawfully sprayed AB twice in the face with PAVA ("pepper") spray at close range while they were in a police cell. (Pepper spray is said to be significantly worse than CS gas, causing excruciating pain to the eyes which is similar to scalding.)
At trial, HHJ Owen heard from three North Wales Police witnesses, including PS Dawson himself. AB alone gave evidence on his side. The Judge also viewed CCTV footage.
The Judge noted that AB “was entirely in the hands of the custody staff and at the material time, it is clear that he was simply a person in need.”
In her well-reasoned judgment, she considered the Court of Appeal’s guidance in another “very helpful” actions against the police case, Afriyie v Commissioner of Police for the City of London [2024] EWCA Civ 1269. (Our Kevin Donoghue was Mr Afriyie’s solicitor and represented him from first contact through to the Supreme Court. Now, Mr Afriyie’s case is regularly relied upon by courts when considering these cases.)
HHJ Owen ordered that the Chief Constable pay compensation to AB for the unlawful assault/ battery because “the use of PAVA spray was wholly unreasonable in all the circumstances.”
Unusually, she also awarded AB aggravated damages, which are an “extra element of compensation in recognition that the exceptional motives, conduct or manner of the Defendant have aggravated the Claimant's damage by intangible injury to personality (insult, humiliation, degradation, indignation, outrage, distress, hurt feelings, etc).”
As you’d expect, we’re thrilled for our client. Cases like this are not easy, but it's vitally important that the public can hold the police to account. We do our part, but ultimately, it's the bravery of people like AB who make the difference.
Read the full judgment here: https://bit.ly/4vKfj2E
