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TRACEY ORMSBY v THE CHIEF CONSTABLE OF STRATHCLYDE POLICE [2008] CSOH 143

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Action for damages for personal injuries. The pursuer was one of a team of police officers who were instructed to aid the enforcement of an eviction order at a local swimming pool. The swimming pool centre had been closed and the decision had invited much protest. In particular, the pool provided weekly sessions for asian women in the community and alternative facilities did not provide this opportunity. Police officers formed a chain around the entrance to the building so that contracters were able to erect boarding and carry out the eviction. The policy of the senior officer was not to arrest, so that matters would remain peaceful. The situation escalated to a violent protest where missles were thrown and an obvious risk to safety existed. No riot police were availbale and the police team present were not trained in using shields. The pursuer was injured by a pineapple which had been thrown at her. Disputed, whether the senior officer had been negligent. Whether and to what extent injuries were suffered by the pursuer. Whether the pursuer was credible witnes with respect to her claim for PTSD. Held, defenders negligent and pursuer awarded compensation for physical injuries only.

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