Case over shooting goes to the top.THE family of a Liverpool man shot dead by Sussex Police Sussex Police is the Home Office police force responsible for policing East Sussex, West Sussex and City of Brighton and Hove in southern England. History There were originally separate forces for East and West Sussex, along with the boroughs of Brighton, Hastings and eight years ago will tomorrow hear top judges rule on their final bid to pursue compensation claims for alleged "misfeasance in public office Misfeasance in public office is a cause of action in the civil courts of England and Wales. It is an action against the holder of a public office, alleging in essence that the office-holder has misused or abused his power. ". Suspected drug dealer James Ashley, 39, was shot in a police raid on his St Leonard's flat in January 1998. Mr Ashley, from Liverpool, was naked in bed with his teenage girlfriend when armed police entered the property. His 20-year-old son, James Ashley Junior and his father, James Ashley Senior, later mounted a damages claim against Sussex Police, alleging both negligence and "misfeasance A term used in Tort Law to describe an act that is legal but performed improperly. Generally, a civil defendant will be liable for misfeasance if the defendant owed a duty of care toward the plaintiff, the defendant breached that duty of care by improperly performing " - improper conduct in public office. The case came to court last March when Mrs Justice Dobbs "struck out" the family's misfeasance claims on grounds that they had "no prospect of success". The judge said the Sussex force had already admitted that "the death of the deceased was caused by the negligence of the police", also conceding the "negligent handling of the release of the name of the deceased" to the media caused "personal injury" to the surviving family. Those admissions mean the family are guaranteed some compensation for the police failings, but their lawyers are now asking the Appeal Court to resurrect the misfeasance claims, which relate to events after the shooting. The Master of the Rolls Sir Anthony Clarke, Lord Justice Auld auld adj. Scots Old. Adj. 1. auld - a Scottish word; "auld lang syne" old - of long duration; not new; "old tradition"; "old house"; "old wine"; "old country"; "old friendships"; "old money" and Lady Justice Arden will rule on the family's appeal tomorrow at London's Royal Courts of Justice. |
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