DAVID JOHN WHITEHOUSE AGAINST (FIRST) THE CHIEF CONSTABLE OF POLICE SCOTLAND AND (THIRD) THE LORD ADVOCATE [2021] ScotCS CSOH_33 (24 March 2021)

DAVID JOHN WHITEHOUSE AGAINST (FIRST) THE CHIEF CONSTABLE OF POLICE SCOTLAND AND (THIRD) THE LORD ADVOCATE [2021] ScotCS CSOH_33 (24 March 2021)

The interests of justice favour granting the pursuer permission to use and disclose documents obtained in the civil proceedings for the purposes of reporting suspected criminal conduct and cooperating with investigations or inquiries, subject to a limited opportunity for certain respondents to identify and seek exclusion of self-incriminating material in their witness statements.

Citation
[2021] ScotCS CSOH_33
Parties
Pursuer and Minuter: David John Whitehouse; First Defender: The Chief Constable of Police Scotland; Third Defender: The Lord Advocate; First, Second and Third Respondents: Aver Corporate Advisory Services Ltd, Emma Porter ACA and William Cleghorn CA; Fourth Respondent: Sally Clark; Fifth Respondent: Helen Nisbet; Sixth Respondent: Alan MacDonald
Jurisdiction
Scotland
Judgment Date
24 March 2021
Procedural Posture
Civil (minute for Permission to Disclose Documents) / Post Settlement, Application for Court Permission to Disclose Documents
Outcome
Permission granted, subject to conditions
Legal Topics
Implied Undertaking Regarding Documents, Permission to Disclose Court Documents, Self Incrimination, Malicious Prosecution, Use of Evidence in Subsequent Proceedings
Civil Procedure Evidence Delict (tort) Implied Undertaking Regarding Documents Permission to Disclose Court Documents Self Incrimination Malicious Prosecution Use of Evidence in Subsequent Proceedings

Case Brief

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Parties

David John Whitehouse

Pursuer and Minuter

The Chief Constable of Police Scotland

First Defender

The Lord Advocate

Third Defender

Aver Corporate Advisory Services Ltd, Emma Porter ACA and William Cleghorn CA

First, Second and Third Respondents

Sally Clark

Fourth Respondent

Helen Nisbet

Fifth Respondent

Alan MacDonald

Sixth Respondent

Procedural Posture

Civil (minute for Permission to Disclose Documents) / Post Settlement, Application for Court Permission to Disclose Documents

Legal Issues

  1. 1 Whether the pursuer should be granted permission to use and disclose documents obtained in civil proceedings for the purpose of reporting suspected criminal conduct and cooperating with investigations or inquiries
  2. 2 Whether such permission should be delayed pending determination of the nature of any inquiry
  3. 3 Whether the right against self-incrimination of respondents requires refusal or restriction of permission

Ratio Decidendi

The interests of justice favour granting the pursuer permission to use and disclose documents obtained in the civil proceedings for the purposes of reporting suspected criminal conduct and cooperating with investigations or inquiries, subject to a limited opportunity for certain respondents to identify and seek exclusion of self-incriminating material in their witness statements.

Court Disposition

Permission granted, subject to conditions

Orders

  • Permission granted to the pursuer to use and disclose specified documents for the purposes of reporting suspected breaches of regulations, misconduct, and/or criminal conduct to specified authorities and cooperating with investigations or inquiries.
  • Fifth and sixth respondents given 7 days to identify any self-incriminating material in their witness statements for possible exclusion; if raised, a hearing will be fixed.