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England and Wales Case Law

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Civil procedure

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.

  • Pre-action interim relief
  • Preservation of evidence
  • Disclosure
  • Malicious prosecution
  • Misfeasance in public office
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