Sussex Police v Secretary of State for Transport & Anor [2016] EWHC 2280 (QB) (28 September 2016)

Sussex Police v Secretary of State for Transport & Anor [2016] EWHC 2280 (QB) (28 September 2016)

The High Court refused disclosure of statements made by the pilot and other non-contemporaneous materials, finding that the chilling effect on future accident investigations and fairness concerns outweighed the interests of justice. However, disclosure of contemporaneous film footage from within the aircraft was ordered, as it was voluntarily created for private/commercial reasons and its disclosure would not deter future voluntary recordings or undermine the accident investigation regime.

Citation
[2016] EWHC 2280
Parties
Claimant: Chief Constable of Sussex Police; First Defendant: Secretary of State for Transport; Second Defendant: British Airline Pilots Association
Jurisdiction
England and Wales
Judgment Date
28 September 2016
Procedural Posture
Application for Disclosure Under Regulation 18 of the Civil Aviation (investigation of Air Accidents and Incidents) Regulations 1996 / High Court Judgment on Application
Outcome
Application granted in part and refused in part
Legal Topics
Disclosure of Evidence, Public Interest Immunity, International Aviation Treaties, Police Investigation Powers, Accident Investigation Confidentiality
Aviation Law Criminal Law Administrative Law Disclosure of Evidence Public Interest Immunity International Aviation Treaties Police Investigation Powers Accident Investigation Confidentiality

Case Brief

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Parties

Chief Constable of Sussex Police

Claimant

Secretary of State for Transport

First Defendant

British Airline Pilots Association

Second Defendant

Procedural Posture

Application for Disclosure Under Regulation 18 of the Civil Aviation (investigation of Air Accidents and Incidents) Regulations 1996 / High Court Judgment on Application

Legal Issues

  1. 1 Whether the High Court should order disclosure of protected air accident investigation materials to the police under Regulation 18 of the 1996 Regulations
  2. 2 How to balance the interests of justice against the adverse domestic and international impact on future safety investigations

Ratio Decidendi

The High Court refused disclosure of statements made by the pilot and other non-contemporaneous materials, finding that the chilling effect on future accident investigations and fairness concerns outweighed the interests of justice. However, disclosure of contemporaneous film footage from within the aircraft was ordered, as it was voluntarily created for private/commercial reasons and its disclosure would not deter future voluntary recordings or undermine the accident investigation regime.

Court Disposition

Application granted in part and refused in part

Orders

  • Disclosure of film footage from within the aircraft to the Chief Constable of Sussex for the purposes of the criminal investigation, subject to strict conditions on use and confidentiality.
  • Application for disclosure of statements made by the pilot and other materials refused.