Preston Borough Council v McGrath: CA 12 May 2000

The defendant had been investigated for fraud against the claimant. He had disclosed documents to the police, but now complained at their use in the civil proceedings against him.
Held: The document had not been given to the police under compulsion, reducing their obligations. It was possible that they might have shown it to the authority without having handed it over, In any event any privielge or complaint was now lost since the defendant had himself attached it to his pleadings.


Lord Justice Morritt, Lord Justice Waller and Lord Justice Tuckey


[2000] EWCA Civ 151




Police and Criminal Evidence Act 1984


England and Wales


Appeal fromPreston Borough Council v McGrath ChD 18-Feb-1999
The defendant had been interviewed by the police investigating allegations of corruption. The Council in its civil claim, exhibited documents received from the police, and obtained in that investigation. The receipt of documents by a defendant under . .
CitedMarcel v Commissioner of Police of the Metropolis CA 1992
A writ of subpoena ad duces tecum had been issued requiring the production by the police for use in civil proceedings of documents seized during a criminal fraud investigation. The victim of the fraud needed them to pursue his own civil case.
CitedMiller and Another v Scorey and Others ChD 2-Apr-1996
Using disclosed documents in second action with similar parties may be a contempt, depending significantly upon whether any undertaking, express or implied was given. The court struck out an action where proceedings were commenced in reliance on . .
CitedTaylor 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.

Local Government, Criminal Practice

Updated: 31 May 2022; Ref: scu.147184