Tort

Action against police - allegation of conspiracy to injure and misfeasance - no immunity from suitDarker and Others v Chief Constable of the West Midlands Police: HL (Lord Hope of Craighead, Lord Mackay of Clashfern, Lord Cooke of Thorndon, Lord Clyde and Lord Hutton: 27 July 2000

Criminal proceedings against four of the claimants for conspiracy to import cannabis and four of them for conspiracy to forge travellers' cheques were permanently stayed by the trial judge for abuse of process after the police had been significantly at fault in respect of disclosure.

The claimants' statement of claim in an action by them against the police alleging, among other things, that officers had fabricated evidence against them was struck out by a judge on the ground of the absolute privilege or immunity of the police in respect of the acts alleged.

The Court of Appeal (Millett, Auld and Schiemann LJJ), The Times, 29 April 1998 dismissed the claimants' appeal.

They appealed.

Alan Newman QC and Paul Spencer (instructed by Warren & Allen, Ilkeston) for the claimants.

Michael Austin-Smith QC and Daniel Janner (instructed by Sharpe Pritchard for Solicitor, West Midlands Police Authority) for the defendant.

Held, allowing the appeal, that public policy did not require the immunity given to a party or witness in respect of what he said or did in court and of statements or reports prepared with a view to proceedings in court to be extended to things done by the police during the investigative process that could not fairly be said to form part of their participation in the judicial process as witnesses, and it particularly did not extend to the fabrication of false evidence; and that, accordingly, the matter should proceed to trial.

(WLR)