Brooker and Brooker v Chief Constable of Thames Valley Police: CA 26 Oct 1998

The plaintiffs claimed damages against the respondents for wrongful arrest and false imprisonment. By mistake the defendants disclosed a letter from a senior officer supporting the allegation, despite which the Police Complaints Authority had denied the claim. The defendants now sought to argue it could not be relied upon, and for its return under Derby -v- Weldon.
Held: Whether the document contains evidence or whether it is admissible are two separate and distinct questions. Here though it contained evidence it should not be admitted. Public interest immunity applied, and there was a need for senior officers to be free to comment to the police complaints authority without restraint. Leave to appeal against the order requiring the return of the document was not given.


[1998] EWCA Civ 1619


England and Wales


CitedDerby and Co Ltd v Weldon (No 8) CA 27-Jul-1990
There had been a lengthy and contentious process of discovery. Certain documents with legal professional privilege had also been handed over inadvertently. The plaintiff sought their return and an order against them being used.
Held: The . .
CitedTaylor v Anderton (Police Complaints Authority Intervening) CA 19-Jan-1995
Reports, which had been prepared for the purposes of a police complaint procedure, could be entitled to protection from disclosure under a public interest immunity certificate. The court also considered the relationship between the documentation and . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 11 May 2022; Ref: scu.145098