||All England Reporter
|| All ER (D) 80 (May)
|| EWCA Civ 655
||Court of Appeal, Civil Division
Pill, Scott Baker LJJ and Wilson J
||Philip Havers QC (instructed by Lees Lloyd Whitley) for the prison officers.
||Tim Owen QC and Matthew Ryder (instructed by Hickman & Rose and Birnberg Pierce) for the prisoners.
||8 May 2003
Civil evidence - Disclosure - Non-party - Application for disclosure of statements made under caution to police by persons not party to proceedings - Competing public interests - Judge ordering disclosure - Correctness of decision - CPR 31.17(3).
In the circumstances of the instant case, where an application for disclosure of statements made under caution by persons who were not parties to the proceedings, under CPR31.17, had been allowed, the judge had balanced the competing public interests of maintaining confidentiality of those who made statements to the police in the course of a criminal investigation, and ensuring that as far as possible the courts should try civil claims on the basis of all the relevant material and thus have the best prospect of reaching a fair and just result, and had been entitled to grant the application, albeit with stringent conditions on the extent and manner of disclosure.
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