Young v Warwickshire Police & Anor

Young v Warwickshire Police & Anor

The claim was struck out and summary judgment granted because the claimant failed to properly plead or particularise bad faith or reckless indifference, the facts were equally or more consistent with mistake or negligence, the police had discharged their disclosure duty, the CPS provided a plausible explanation for late disclosure, and witness immunity applied to the SOCOs' statements. The claim disclosed no reasonable grounds and had no real prospect of success.

Parties
Claimant: Seymour Young; First Defendant: The Chief Constable of Warwickshire Police; Second Defendant: The Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
21 February 2020
Procedural Posture
Civil / Application for Strike Out And/or Summary Judgment
Outcome
Claim struck out and summary judgment granted for the defendants.
Legal Topics
Misfeasance in Public Office, Disclosure Obligations, Summary Judgment, Strike Out Applications, Witness Immunity
Tort Law Criminal Procedure Public Law Misfeasance in Public Office Disclosure Obligations Summary Judgment Strike Out Applications Witness Immunity

Case Brief

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Parties

Seymour Young

Claimant

The Chief Constable of Warwickshire Police

First Defendant

The Director of Public Prosecutions

Second Defendant

Procedural Posture

Civil / Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claim for misfeasance in public office is properly pleaded and sustainable against the police and CPS
  2. 2 Whether the claim discloses reasonable grounds or a real prospect of success
  3. 3 Whether witness immunity applies to statements by Scenes of Crime Officers

Ratio Decidendi

The claim was struck out and summary judgment granted because the claimant failed to properly plead or particularise bad faith or reckless indifference, the facts were equally or more consistent with mistake or negligence, the police had discharged their disclosure duty, the CPS provided a plausible explanation for late disclosure, and witness immunity applied to the SOCOs' statements. The claim disclosed no reasonable grounds and had no real prospect of success.

Court Disposition

Claim struck out and summary judgment granted for the defendants.

Orders

  • The claim is struck out as disclosing no reasonable grounds for bringing it.
  • Summary judgment is entered in favour of the defendants.