Information that may be useful in assessing whether there is any viable civil claim

Please see below a (non-exhaustive) list of the type of information that a legal adviser may find helpful in assessing the viability of a possible claim. There may be other key information not included, depending on your particular circumstances, and you should raise this with any legal adviser that you discuss your potential claim.

Preserving materials 
You should:

• Seek medical treatment for any injuries (GP/hospital/specialist) and make sure all injuries (minor as well as serious) are recorded
• Obtain photographs of any injuries (preferably by a medical professional and/or professional photographer if possible, but if not, by someone who, should any matter proceed, will be prepared to sign a statement confirming they are the photographer, the time and date it was taken etc, and will be happy to co-operate with any legal proceedings)
• Keep a note and photographs of how long injuries last and seek follow up treatment, making sure everything recorded
• Keep (where possible), record and/or note any clothing, property etc damaged.  Keep receipts if anything has to be replaced or repaired
• Keep a record of any additional expenditure (such as attending for treatment, loss of wages or overtime during time off – transport fares etc.)
• Keep/obtain copies of any photographs/video footage/ CCTV/ mobile phone footage, etc of the incident in which you were injured
• If you are aware of any footage/photographs in existence concerning you, try to obtain copies (or at the very least the contact details of where these can be obtained)
• Keep copies of any photographs/video footage/mobile phone footage, etc of any other incidents that you witnessed, noting the date, time and place 
• Keep any press cuttings in which the incident and/or you are mentioned

Your account

If you have a possible claim, it is likely that you will be asked to describe what happened, so that a legal adviser can assess whether you have a viable claim. 

If this has not yet been done, it is likely to be helpful, while it is still fresh in your mind, to note briefly what happened (brief bullet points on each item that might be appropriate, since this will be easier to refer back to, rather than preparing a lengthy narrative or statement, since some points that may appear irrelevant to you may be legally significant, and vice versa).

You are likely to be asked about the following:

Background to the incident

• What were you wearing or a photograph of you on the date of the incident (where there is a lot of film footage/photographic evidence, and it is often necessary to identify individuals in a fast moving and/or crowded situation.  It is most helpful if any distinguishing items of clothing are known, such as a bright hat – a particular type of rucksack, etc.)
• Names and contact details of those you attended with, and were with during the day.
• A note of the areas that you visited and the approximate times in each place.  (It is helpful to have a rough idea of the chronology from the start of the day to the conclusion)

The incident itself

The focus of any legal action is likely to be any inter-action between you/others and the police.   Therefore, it is extremely important that you can give instructions on each encounter, especially those relating to any claim that may be pursued.
 
You should make a brief note of the following:

• The time and location of the incident
• The context in which the incident took place (on your own, in a crowd, ANY build up to it, etc.)
• The officer(s) involved (identity numbers if known, or if identity numbers deliberately covered, descriptions, uniform, which force – City of London/Metropolitan/British Transport police/any other out of London force, etc.)
• Any verbal exchange between you/others around you and the police
• Any comment/command/announcement from any police officer(s)
• Any physical contact in detail, rather than a general I was ‘assaulted’

Other information that may be relevant

• Any criminal record/previous arrests
• Any previous complaints or compensation claim made against the police
• Any particular vulnerabilities
• Any issues particular to a discrimination claim (sex discrimination, race discrimination, discrimination on grounds of disability etc)

*This information sheet was prepared by Bindmans LLP to assist those involved in protests. If we can take your case on, we will advise you fully. However, nothing in this information sheet should be taken to constitute legal advice. Please note that there may be further types of legal action available to you, which have not been covered in this document.