Wood v West Midlands Police [2004] EWCA Civ 1638 (08 December 2004)

Wood v West Midlands Police [2004] EWCA Civ 1638 (08 December 2004)

The defence of qualified privilege failed because the police had no sufficient duty or interest to disclose damaging information about Mr Wood or VSG to insurers; the disclosures were not necessary for crime prevention, were contrary to police guidance, and were ill-considered. The trial judge was correct to allow the late amendment to plead slander as it was equitable in the circumstances. The damages award was not disturbed as the appeal on qualified privilege failed and the amendment to plead slander was upheld.

Citation
[2004] EWCA Civ 1638
Parties
Claimant/respondent: Ben Wood; Defendant/appellant: Chief Constable of the West Midlands Police
Jurisdiction
England and Wales
Judgment Date
08 December 2004
Procedural Posture
Appeal (defamation Libel and Slander) / Court of Appeal Judgment Following Jury Trial and High Court Decision
Outcome
Appeal dismissed
Legal Topics
Qualified Privilege, Libel, Slander, Limitation Periods, Disclosure of Police Information, Public Interest Immunity, Amendment of Pleadings
Defamation Tort Police Law Civil Procedure Qualified Privilege Libel Slander Limitation Periods +3 more

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Parties

Ben Wood

Claimant/respondent

Chief Constable of the West Midlands Police

Defendant/appellant

Procedural Posture

Appeal (defamation Libel and Slander) / Court of Appeal Judgment Following Jury Trial and High Court Decision

Legal Issues

  1. 1 Whether the defence of qualified privilege applied to the police officer's publication of defamatory statements to insurers
  2. 2 Whether the trial judge was correct to allow a late amendment to plead slander after the limitation period
  3. 3 Whether the damages awarded were excessive

Ratio Decidendi

The defence of qualified privilege failed because the police had no sufficient duty or interest to disclose damaging information about Mr Wood or VSG to insurers; the disclosures were not necessary for crime prevention, were contrary to police guidance, and were ill-considered. The trial judge was correct to allow the late amendment to plead slander as it was equitable in the circumstances. The damages award was not disturbed as the appeal on qualified privilege failed and the amendment to plead slander was upheld.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the jury's verdict and damages award of £45,000 in favour of Mr Wood stand.