Lamothe & Ors v Commissioner of Police of the Metropolis [1999] EWCA Civ 3034 (25 October 1999)

Lamothe & Ors v Commissioner of Police of the Metropolis [1999] EWCA Civ 3034 (25 October 1999)

The ex parte order of 12 May 1999, which determined a central issue in the action in the absence of the claimants and without notice, was a fundamental violation of procedural fairness and the claimants' rights. The procedure was not justified by any rule of court or by public interest immunity, and cannot be allowed to stand. The matter must be remitted for proper determination before a different judge.

Citation
[1999] EWCA Civ 3034
Parties
Claimants/appellants: Anthony Lamothe & ors; Defendant/respondent: The Commissioner of Police of the Metropolis
Jurisdiction
England and Wales
Judgment Date
25 October 1999
Procedural Posture
Civil Appeal / Appeal From Central London County Court Decision Refusing to Set Aside Ex Parte Order
Outcome
Appeal allowed
Legal Topics
Public Interest Immunity, Ex Parte Orders, Right to Fair Trial, Pleading Particularity, Jury Trial, Disclosure, False Imprisonment, Assault, Trespass, Negligence
Civil Procedure Police Law Human Rights Public Interest Immunity Ex Parte Orders Right to Fair Trial Pleading Particularity Jury Trial +5 more

Case Brief

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Parties

Anthony Lamothe & ors

Claimants/appellants

The Commissioner of Police of the Metropolis

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Central London County Court Decision Refusing to Set Aside Ex Parte Order

Legal Issues

  1. 1 Whether the ex parte order made on 12 May 1999, determining a central issue in the absence of the claimants and without notice, was procedurally proper and lawful
  2. 2 Whether the procedure adopted violated the claimants' rights to a fair trial and due process
  3. 3 Whether the defendant's reliance on public interest immunity justified the withholding of particulars and the making of the order

Ratio Decidendi

The ex parte order of 12 May 1999, which determined a central issue in the action in the absence of the claimants and without notice, was a fundamental violation of procedural fairness and the claimants' rights. The procedure was not justified by any rule of court or by public interest immunity, and cannot be allowed to stand. The matter must be remitted for proper determination before a different judge.

Court Disposition

Appeal allowed

Orders

  • Order of 12 May 1999 set aside
  • Case remitted to Central London County Court for rehearing before a different judge