Ward v. Dickson & Chief Constable [1999] NIQB 8 (23 April 1999)

Ward v. Dickson & Chief Constable [1999] NIQB 8 (23 April 1999)

The allegations of negligence against the defendants in the conduct of the bail application are barred by the doctrine of absolute immunity for witnesses and parties in judicial proceedings, including the preparation and presentation of evidence. The Statement of Claim discloses no reasonable cause of action in negligence, and the appeal to strike out those allegations is upheld.

Citation
[1999] NIQB 8
Parties
Plaintiff/respondent: Thomas Christopher Ward; Defendant/applicant: Stephen Anthony Dickson; Defendant/applicant: Chief Constable of the Royal Ulster Constabulary
Jurisdiction
Northern Ireland
Judgment Date
23 April 1999
Procedural Posture
Appeal / Appeal Against Refusal to Strike Out Negligence Allegations From Statement of Claim
Outcome
Appeal allowed in part
Legal Topics
Witness Immunity, Negligence, Malicious Prosecution, False Imprisonment, Abuse of Process, Duty of Care
Tort Law Criminal Procedure Witness Immunity Negligence Malicious Prosecution False Imprisonment Abuse of Process Duty of Care

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Parties

Thomas Christopher Ward

Plaintiff/respondent

Stephen Anthony Dickson

Defendant/applicant

Chief Constable of the Royal Ulster Constabulary

Defendant/applicant

Procedural Posture

Appeal / Appeal Against Refusal to Strike Out Negligence Allegations From Statement of Claim

Legal Issues

  1. 1 Whether allegations of negligence against police officers in the conduct of a bail application are maintainable in law given the doctrine of witness immunity.
  2. 2 Whether the Statement of Claim discloses a reasonable cause of action in negligence against the defendants.

Ratio Decidendi

The allegations of negligence against the defendants in the conduct of the bail application are barred by the doctrine of absolute immunity for witnesses and parties in judicial proceedings, including the preparation and presentation of evidence. The Statement of Claim discloses no reasonable cause of action in negligence, and the appeal to strike out those allegations is upheld.

Court Disposition

Appeal allowed in part

Orders

  • All allegations of negligence are struck out from the Statement of Claim.
  • Court to hear counsel on the issue of false imprisonment and the Master's order striking out that cause of action.