Carnduff v Rock & Anor [2001] EWCA Civ 680 (11 May 2001)

Carnduff v Rock & Anor [2001] EWCA Civ 680 (11 May 2001)

The action was struck out because a fair trial of the issues pleaded would inevitably require disclosure of sensitive police information, the disclosure of which would be contrary to the public interest. The public interest in withholding such information outweighed the claimant's interest in having the claim litigated. The court held that, on the face of the pleadings, the issues could not be resolved without injury to the public interest, and thus the action should not proceed.

Citation
[2001] EWCA Civ 680
Parties
Claimant/respondent: John Carnduff; Defendant/appellant: Inspector Rock; Defendant/appellant: Chief Constable West Midlands Police
Jurisdiction
England and Wales
Judgment Date
11 May 2001
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division to Court of Appeal (civil Division)
Outcome
Appeal allowed; action struck out.
Legal Topics
Enforceability of Informer Contracts, Public Interest Immunity, Strike Out Applications, Intention to Create Legal Relations, Assessment of Reasonable Remuneration
Contract Law Public Law Civil Procedure Enforceability of Informer Contracts Public Interest Immunity Strike Out Applications Intention to Create Legal Relations Assessment of Reasonable Remuneration

Case Brief

Summary, issues, holding and outcome

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Parties

John Carnduff

Claimant/respondent

Inspector Rock

Defendant/appellant

Chief Constable West Midlands Police

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether a contract between a police informer and the police is enforceable where remuneration is not fixed but based on reasonableness and sensitive factors.
  2. 2 Whether the action should be struck out on public policy grounds due to the risk of disclosure of sensitive police information.
  3. 3 Whether the pleaded contract is too uncertain or lacks intention to create legal relations.

Ratio Decidendi

The action was struck out because a fair trial of the issues pleaded would inevitably require disclosure of sensitive police information, the disclosure of which would be contrary to the public interest. The public interest in withholding such information outweighed the claimant's interest in having the claim litigated. The court held that, on the face of the pleadings, the issues could not be resolved without injury to the public interest, and thus the action should not proceed.

Court Disposition

Appeal allowed; action struck out.

Orders

  • Action struck out as contrary to public interest.
  • Appeal allowed with costs here and below.