PCD 1652 Request for authorisation to settle two claims for damages against the Metropolitan Police Service (MPS)

PCD 1652 Request for authorisation to settle two claims for damages against the Metropolitan Police Service (MPS)

The Deputy Mayor for Policing and Crime (DMPC) is recommended to approve the settlement of a claim identified in the exempt part of this report. 

There is an open and exempt report as some of the information relates to data protection, is commercially sensitive and is legal professional privileged. 

The Deputy Mayor for Policing and Crime (DMPC) is asked to consider a request for authority to negotiate the settlement of civil proceedings, as set out in the part 2 report.   

The Deputy Mayor for Policing and Crime has the discretion to authorise the settlement of a civil claim where it would be conducive to the maintenance of an efficient and effective police force. 

PART I - NON-CONFIDENTIAL FACTS AND ADVICE TO THE DMPC 

1. Introduction and background 

1. The On 8 June 2020, at approximately 2am, the Claimant was struck by a marked police vehicle, on Harrow Road, Westbourne Green, London. The police vehicle was responding to an emergency, with sirens and blue lights activated and was travelling at excessive speed for the prevailing road conditions. 

2. Primary liability has been admitted and the Claimant has accepted he was 40% responsible for the accident.  

3. Authority is sought to settle the claim on the basis of the medical evidence obtained in relation to the Claimant’s injuries 

2. Financial Comments 

1. The cost of any settlement, if agreed, would be met from the centrally held MPS third party claims provision budget.  

3. Legal Comments 

1. MOPAC has the power to pay any sum required in connection with the settlement for any claim made against the Commissioner under Section 88 of the Police Act 1996.  

2. Pursuant to the MOPAC Scheme of Delegation dated October 2016, MOPAC must authorise settlements above £50,000.00, or those claims that are otherwise high profile or sensitive, according to the criteria set out in section 4.10 of the Scheme. 

3. There is an open and exempt report as some of the information relates to data protection, is commercially sensitive and is legal professional privileged 

4. GDPR and Data Privacy  

1. The processing of personal data has been minimised as part of this decision and is held within Part 2 of the report. 

5. Equality Comments 

1. To continue policing with the consent of the population it serves, the police will always seek to treat everyone fairly and openly.  Race or equality issues do not appear to have an impact in this matter 

6. Background/supporting papers 

1. Refer to Part 2 of the report.