Shot man's family can sue police

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Five Law Lords dismissed an appeal by Sussex Police against a court ruling that James Ashley's father and son, both also called James, can bring an action alleging misfeasance in public office and assault and battery.

The police had argued that the killing was the result of an honest mistake by a police officer who thought he was in danger of being shot.

James Ashley died when police carried out an armed raid on his flat in Western Road, St Leonards, Hastings, on January 15, 1998.

The policeman who fired the fatal shot, Pc Chris Sherwood, was later tried for murder and was acquitted.

He claimed that he had, mistakenly, believed that James Ashley was pointing a gun at him and was about to shoot him.

Speaking after the ruling, Mr Ashley's sister, Pauline, described the result as "fantastic".

Ms Ashley, 45, from Dingle, Liverpool, said: "I don't even know the full details yet, but I know that we've got everything we wanted to, so that's fantastic."