Source: All England Reporter
Publisher Citation: [2003] All ER (D) 80 (May)
Neutral Citation: [2003] EWCA Civ 655
Court: Court of Appeal, Civil Division
Judge:

Pill, Scott Baker LJJ and Wilson J
Representation 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.
Judgment Dates: 8 May 2003

Catchwords

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).

The Case

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.

Practice Areas

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