AAA v A Chief Constable [2019] EWHC 259 (QB) (14 February 2019)

AAA v A Chief Constable [2019] EWHC 259 (QB) (14 February 2019)

The court found that no binding contract existed obliging the Chief Constable to maintain AAA's prior financial position or pay mortgage. The only enforceable agreement was the MoU, which excluded financial advantage and was fulfilled by the Chief Constable. Any losses suffered by AAA were not caused by breach of contract but by his own circumstances, including bankruptcy, criminal conviction, and imprisonment. The trial was properly held in private due to real risks to AAA and police officers, consistent with open justice principles.

Citation
[2019] EWHC 259 (QB)
Parties
Claimant: AAA; Defendant: A Chief Constable
Jurisdiction
England and Wales
Judgment Date
14 February 2019
Procedural Posture
Contractual Claim for Damages / High Court Trial, Judgment
Outcome
Claim dismissed
Legal Topics
Confidential Human Intelligence Sources, Witness Protection, Breach of Contract, Open Justice, Duty of Care
Contract Law Police Law Human Rights Confidential Human Intelligence Sources Witness Protection Breach of Contract Open Justice Duty of Care

Case Brief

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Parties

AAA

Claimant

A Chief Constable

Defendant

Procedural Posture

Contractual Claim for Damages / High Court Trial, Judgment

Legal Issues

  1. 1 Whether a binding contract existed between AAA and the Chief Constable regarding witness protection and financial support
  2. 2 Whether the Chief Constable breached contractual obligations to AAA
  3. 3 Whether AAA is entitled to damages for losses and psychiatric injury

Ratio Decidendi

The court found that no binding contract existed obliging the Chief Constable to maintain AAA's prior financial position or pay mortgage. The only enforceable agreement was the MoU, which excluded financial advantage and was fulfilled by the Chief Constable. Any losses suffered by AAA were not caused by breach of contract but by his own circumstances, including bankruptcy, criminal conviction, and imprisonment. The trial was properly held in private due to real risks to AAA and police officers, consistent with open justice principles.

Court Disposition

Claim dismissed

Orders

  • Trial held in private under CPR r 39.3
  • Sanitised open judgment published