Keyser Khan v Chief Constable of Devon & Cornwall Police

Keyser Khan v Chief Constable of Devon & Cornwall Police

The Claimant failed to establish a real, rather than fanciful, risk that evidence would be destroyed, concealed, or tampered with by the Defendant or its officers. The Defendant provided credible assurances of preservation. Pre-action interim relief is exceptional and not justified absent imminent proceedings and clear risk. The application is misconceived and refused.

Parties
Claimant: Keyser Khan; Defendant: Chief Constable of Devon & Cornwall Police
Jurisdiction
England and Wales
Judgment Date
12 November 2025
Procedural Posture
Application Under CPR Part 25 for Interim Relief / Ruling on Pre Action Interim Application
Outcome
Application refused
Legal Topics
Pre Action Interim Relief, Preservation of Evidence, Disclosure, Malicious Prosecution, Misfeasance in Public Office
Civil Procedure Evidence Police Law Pre Action Interim Relief Preservation of Evidence Disclosure Malicious Prosecution Misfeasance in Public Office

Case Brief

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Parties

Keyser Khan

Claimant

Chief Constable of Devon & Cornwall Police

Defendant

Procedural Posture

Application Under CPR Part 25 for Interim Relief / Ruling on Pre Action Interim Application

Legal Issues

  1. 1 Whether the High Court should grant pre-action interim orders for preservation, inspection, and disclosure of evidence held by the Defendant
  2. 2 Whether there is a real risk of destruction or concealment of evidence by the Defendant
  3. 3 Whether injunctive relief excluding specific officers from access to exhibits is justified

Ratio Decidendi

The Claimant failed to establish a real, rather than fanciful, risk that evidence would be destroyed, concealed, or tampered with by the Defendant or its officers. The Defendant provided credible assurances of preservation. Pre-action interim relief is exceptional and not justified absent imminent proceedings and clear risk. The application is misconceived and refused.

Court Disposition

Application refused