Rowe & Ors v Fryers & Anor

Rowe & Ors v Fryers & Anor

The public interest in ensuring a fair trial on full evidence outweighs the general confidentiality attaching to statements made under caution to police by prison officers in the circumstances of these civil claims. Disclosure is necessary and appropriate, subject to strict court-imposed safeguards on use, and the fact that statements were made under caution does not confer special protection. Each case must be decided on its facts, but no general principle precludes disclosure in these circumstances.

Parties
Appellants: Peter Rowe and Others; Respondents: Nicholas Martin Fryers and Another
Jurisdiction
England and Wales
Judgment Date
08 May 2003
Procedural Posture
Civil Appeal / Appeal From Central London County Court Decision on Third Party Disclosure
Outcome
Appeal dismissed
Legal Topics
Third Party Disclosure, Confidentiality of Police Interviews, Balancing Public Interests, Civil Claims by Prisoners, Disclosure Under CPR 31.17
Civil Procedure Evidence Public Law Third Party Disclosure Confidentiality of Police Interviews Balancing Public Interests Civil Claims by Prisoners Disclosure Under CPR 31.17

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Peter Rowe and Others

Appellants

Nicholas Martin Fryers and Another

Respondents

Procedural Posture

Civil Appeal / Appeal From Central London County Court Decision on Third Party Disclosure

Legal Issues

  1. 1 Whether statements made by prison officers under caution to police are disclosable in subsequent civil proceedings where the officers are not parties
  2. 2 How to balance the public interest in confidentiality of police interviews against the public interest in fair disposal of civil claims

Ratio Decidendi

The public interest in ensuring a fair trial on full evidence outweighs the general confidentiality attaching to statements made under caution to police by prison officers in the circumstances of these civil claims. Disclosure is necessary and appropriate, subject to strict court-imposed safeguards on use, and the fact that statements were made under caution does not confer special protection. Each case must be decided on its facts, but no general principle precludes disclosure in these circumstances.

Court Disposition

Appeal dismissed

Orders

  • Disclosure of the interview transcripts to the claimants, subject to strict limitations on use and further disclosure as set by the court