The claimant was a police informer. Over several years he had given and been paid for information. He claimed that on one occasion he had given information which had led to the arrest of a major criminal, but the police denied that any information from him had formed a significant element in his arrest. They did not pay him, and he claimed in contract. The claim was struck out on the basis that it was embarrassing or abusive under rule 3.4, and he appealed.
Held: The appeal was dismissed. No court could investigate such a claim without becoming involved in examining in detail delicate and sensitive issues which would transfer the business of investigating and catching serious criminals into the public glare. It would, in this case, but not necessarily in every such case, be against public policy to allow that public investigation. The action should be stayed because no disclosure could be made of relevant documents in such a way as to enable the action to be properly determined.
Laws LJ said: ‘It seems to me that these matters cannot be litigated consistently with the public interest; and if that is so there is a plain jurisdiction to strike out the claim as embarrassing or abusive under CPR r3.4. See what is involved. If the disputes which they generate were to be resolved fairly by reference to the relevant evidence – and there is no other legitimate judicial means of proceedings – the court would be required to examine in detail the operational methods of the police as they related to the particular investigation in question.’ and ‘it is to my mind inevitable that the court’s duty would be to hold that the public interest in withholding the evidence about it outweighed the countervailing public interest in having the claim litigated on the available relevant evidence. In reality such a position could only be avoided if the police made comprehensive admissions which absolved the court from the duty to enter into any of these issues. But a case which can only be justly tried if one side holds up its hands cannot, in truth, be justly tried at all.’
Lord Justice Waller, Lord Justice Laws And Lord Justice Jonathan Parker
Times 30-May-2001, Gazette 21-Jun-2001, [2001] EWCA Civ 680, [2001] 1 WLR 1786
Bailii
Civil Procedure Rules 3.4
England and Wales
Cited by:
Cited – Al Rawi and Others v The Security Service and Others QBD 18-Nov-2009
The claimants sought damages from the defendants saying that they had been held and ill treated at various detention centres by foreign authorities, but with the involvement of the defendants. The defendants sought to bring evidence before the court . .
Cited – Al Rawi and Others v The Security Service and Others SC 13-Jul-2011
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the . .
Cited – Home Office v Tariq SC 13-Jul-2011
(JUSTICE intervening) The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided . .
Cited – Carnduff v The United Kingdom ECHR 10-Feb-2004
Admissibility – The applicant is a registered police informer. He commenced an action seeking to recover payment for information that he supplied to the West Midlands police. . .
Cited – ‘Laurence’ v Commissioners of Police for the Metropolis CA 13-Feb-2006
The claimant had been a police informer. He considered that he and his family had not been properly protected against the risks he incurred. . .
Cited – Haralambous v St Albans Crown Court and Another Admn 22-Apr-2016
This judicial review raised for express decision whether a person whose premises have been searched and whose property seized under a search warrant must have enough information grounding the warrant to judge its lawfulness and the retention of the . .
Cited – Haralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Cited – Belhaj and Another v Director of Public Prosecutions and Another SC 4-Jul-2018
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2021; Ref: scu.78909