Nottinghamshire Police v Gray, R. (On the Application of)

Nottinghamshire Police v Gray, R. (On the Application of)

The first PAT decision, while final, was not a decision on the merits regarding whether the respondent was guilty of the misconduct charged. The PAT allowed the appeal based on new evidence and did not remit the matter for rehearing, but did not adjudicate on the substantive allegations. Therefore, cause of action estoppel did not arise, and the second disciplinary proceedings were not barred. Further, the commencement of the second proceedings was not an abuse of process as the respondent was on notice and suffered no procedural unfairness.

Parties
Appellant/interested Party: The Chief Constable of Nottinghamshire Police; Respondent/claimant: Trevor Gray; Interested Party/defendant: The Police Appeals Tribunal
Jurisdiction
England and Wales
Judgment Date
22 January 2018
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Res Judicata, Abuse of Process, Police Disciplinary Proceedings, Cause of Action Estoppel
Administrative Law Employment Law Police Law Res Judicata Abuse of Process Police Disciplinary Proceedings Cause of Action Estoppel

Case Brief

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Parties

The Chief Constable of Nottinghamshire Police

Appellant/interested Party

Trevor Gray

Respondent/claimant

The Police Appeals Tribunal

Interested Party/defendant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the principle of cause of action estoppel (res judicata) barred the second set of police disciplinary proceedings after the first set was quashed and not remitted for rehearing.
  2. 2 Whether the commencement of the second disciplinary proceedings constituted an abuse of process.

Ratio Decidendi

The first PAT decision, while final, was not a decision on the merits regarding whether the respondent was guilty of the misconduct charged. The PAT allowed the appeal based on new evidence and did not remit the matter for rehearing, but did not adjudicate on the substantive allegations. Therefore, cause of action estoppel did not arise, and the second disciplinary proceedings were not barred. Further, the commencement of the second proceedings was not an abuse of process as the respondent was on notice and suffered no procedural unfairness.

Court Disposition

Appeal allowed

Orders

  • The order of Coulson J quashing the Second PAT Decision is set aside.
  • The Second PAT Decision stands; the second disciplinary proceedings are not barred by res judicata or abuse of process.