A and B v Hampshire Constabulary

A and B v Hampshire Constabulary

The disclosures made by or through prosecuting counsel at court and in PII proceedings are covered by core immunity, and the claimants’ pleaded case regarding the third and fourth disclosures had no reasonable prospect of success; the Master was correct to strike out the relevant paragraphs and to make the costs order.

Parties
Claimant (appellant): A; Claimant (appellant): B; Defendant (respondent): The Chief Constable of Hampshire Constabulary
Jurisdiction
England and Wales
Judgment Date
31 May 2012
Procedural Posture
Civil Appeal / Judgment on Appeal Against Order Striking Out Part of Particulars of Claim
Outcome
Appeal dismissed
Legal Topics
Police Liability, Duty of Care, Immunity of Parties and Advocates, Negligence, Costs
Tort Law Civil Procedure Police Liability Duty of Care Immunity of Parties and Advocates Negligence Costs

Case Brief

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Parties

A

Claimant (appellant)

B

Claimant (appellant)

The Chief Constable of Hampshire Constabulary

Defendant (respondent)

Procedural Posture

Civil Appeal / Judgment on Appeal Against Order Striking Out Part of Particulars of Claim

Legal Issues

  1. 1 Whether the police owed a primary duty of care to protect the identity of an informer
  2. 2 Whether disclosures made by or through prosecuting counsel at court and in PII proceedings are covered by core immunity
  3. 3 Whether the claimants had reasonable prospects of success regarding alleged disclosures

Ratio Decidendi

The disclosures made by or through prosecuting counsel at court and in PII proceedings are covered by core immunity, and the claimants’ pleaded case regarding the third and fourth disclosures had no reasonable prospect of success; the Master was correct to strike out the relevant paragraphs and to make the costs order.

Court Disposition

Appeal dismissed

Orders

  • Claimants to pay costs of the appeal assessed at £6,601
  • Costs to be set off against any damages or costs recovered within proceedings