Police and prosecuting authority have no inherent immunity from suit for tort of misfeasance in public office if the breach is properly made out. Immunity extends to statements made or agreed to be made out of court ‘if these were clearly and directly made in relation to the proceedings in court, for example, witnesses’ proofs of evidence.’
Sir Richard Scott VC
Times 24-Oct-1997, (1997) 10 Admin LR 245
Cited – Darker v Chief Constable of The West Midlands Police HL 1-Aug-2000
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were . .
Cited – Taylor and Others v Director of The Serious Fraud Office and Others HL 29-Oct-1998
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
Lists of cited by and citing cases may be incomplete.
Police, Torts – Other
Updated: 18 May 2022; Ref: scu.78337