Silcott v Commissioner of The Police for the Metropolis [1996] EWCA Civ 1311 (24 May 1996)

Silcott v Commissioner of The Police for the Metropolis [1996] EWCA Civ 1311 (24 May 1996)

Witness immunity bars civil actions for conspiracy to pervert justice and misfeasance in public office arising from alleged fabrication of evidence by police officers, as such acts are part of the investigatory and preparatory process; only malicious prosecution claims are permitted.

Citation
[1996] EWCA Civ 1311
Parties
Plaintiff/appellant: Winston Emmanuel Silcott; Respondent/respondent: Commissioner of the Police for the Metropolis
Jurisdiction
England and Wales
Judgment Date
24 May 1996
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division, Post Striking Out Order
Outcome
Appeal dismissed
Legal Topics
Witness Immunity, Misfeasance in Public Office, Conspiracy to Pervert Justice, Malicious Prosecution
Tort Law Civil Procedure Public Law Witness Immunity Misfeasance in Public Office Conspiracy to Pervert Justice Malicious Prosecution

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Parties

Winston Emmanuel Silcott

Plaintiff/appellant

Commissioner of the Police for the Metropolis

Respondent/respondent

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division, Post Striking Out Order

Legal Issues

  1. 1 Whether police officers' alleged fabrication of evidence is protected by absolute immunity from civil actions for conspiracy to pervert justice or misfeasance in public office
  2. 2 Scope of witness immunity in civil proceedings

Ratio Decidendi

Witness immunity bars civil actions for conspiracy to pervert justice and misfeasance in public office arising from alleged fabrication of evidence by police officers, as such acts are part of the investigatory and preparatory process; only malicious prosecution claims are permitted.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Legal aid taxation of plaintiff's costs