One of the biggest and most controversial senior employee discrimination claims in recent years, Aubrey v Chief Constable of Northumbria Police, has come to a close, at least in relation to liability. The Employment Tribunal gave judgment for the Respondent in November 2016, which was confirmed in the Employment Appeal Tribunal in May 2017.
The case is exceptional because of its complexity, the value of damages had Ms Aubrey been successful, and the high reputational stakes for all involved. The successful respondent was represented by Angus Moon QC and Aaron Rathmell of the Serjeants’ Inn employment law team.
Lavender J in MLIA & CLEL v Chief Constable of Hampshire  EWHC 292 (QB) has offered helpful guidance on the application of the limitation defence for human rights claims, in a case which failed to meet the threshold for engaging the investigative duty under Articles 3 and 8 of the Convention.
The Claimants were a mother and daughter who had been victims of abusive, aggressive, violent and threatening behaviour perpetrated by the First Claimant’s former partner prior to November 2005. Following an order by Master McCloud that there should be a trial of liability, the issues before Lavender J were:
1. Whether the claim had been commenced within “such… period as the court… considers equitable having regard to all the circumstances” pursuant to section 7(5)(b) of the Human Rights Act 1998;
2. Whether Article 3 and/or Article 8 were engaged and, if so, whether the Defendant had acted in a manner which was incompatible with the duty imposed by those Articles, in particular by failing to investigate the Claimants’ allegations.
It sometimes vexes police lawyers – how the police can be a prosecutor for the purpose of malicious prosecution when it is the Crown Prosecution Service that makes the decision to prosecute. Further, it has not always been easy to identify what acts of officers can result in liability for misfeasance in a public office. In Rees v Commissioner of Police for the Metropolis  EWHC 273 (QB), Mitting J explained both of these – disagreeing with some previous cases and explaining others.
The judgment in Re Ward of Court  EWHC 1022 (Fam) answers with a resounding “no”, the question of whether the court’s consent is required before the police can interview a ward of court. A simple point, one might think, but there was, according to Sir James Munby, President of the Family Division, a “startling lack of clarity in the law” on this issue .
The recent decision of the High Court upon an application for judicial review of a Police Medical Appeals Board (‘PMAB’) decision in the case of R (Fisher) v (1) Chief Constable of Northumbria (2) PMAB  EWHC 455 (Admin) highlights the pitfalls in the assessment of a former officer’s uninjured earning capacity when reviewing the level of an injury pension under regulation 37 of the Police (Injury Benefit) Regulations 2006.