Friend & Ors, R (on the application of) v Greater Manchester Police Authority & Anor

Friend & Ors, R (on the application of) v Greater Manchester Police Authority & Anor

The Police Authority was entitled to conclude that there was no material conflict of interest warranting separate funding for the claimants’ legal representation at the inquest, as the Chief Constable had accepted the investigation report exonerating the officers and there was no significant risk of disciplinary proceedings on the evidence then available.

Parties
Claimants: David Friend, Timothy Bevan, Anthony Cooney, Andrew Cleworth and Timothy Harper; First Defendant: Greater Manchester Police Authority; Second Defendant: Chief Constable of the Greater Manchester Police
Jurisdiction
England and Wales
Judgment Date
02 December 2009
Procedural Posture
Judicial Review / Judgment
Outcome
Application dismissed
Legal Topics
Judicial Review of Public Authority Decisions, Police Disciplinary Proceedings, Legal Representation at Inquests, Conflict of Interest
Administrative Law Police Law Judicial Review of Public Authority Decisions Police Disciplinary Proceedings Legal Representation at Inquests Conflict of Interest

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Parties

David Friend, Timothy Bevan, Anthony Cooney, Andrew Cleworth and Timothy Harper

Claimants

Greater Manchester Police Authority

First Defendant

Chief Constable of the Greater Manchester Police

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Police Authority was entitled to refuse funding for separate legal representation for police officers at an inquest on grounds of no significant conflict of interest

Ratio Decidendi

The Police Authority was entitled to conclude that there was no material conflict of interest warranting separate funding for the claimants’ legal representation at the inquest, as the Chief Constable had accepted the investigation report exonerating the officers and there was no significant risk of disciplinary proceedings on the evidence then available.

Court Disposition

Application dismissed