The cost of resisting disclosure of sensitive police material in family proceedings

Written by: James Berry
Published: 30 July 2017

Who pays the costs of Special Advocates where closed material procedures are required to consider sensitive police documents in family proceedings? The police, according to Cobb J in Re R (Closed Material Procedure: Special Advocates: Funding)[2017] EWHC 1793 (Fam).

In family proceedings where the police are ordered to disclose relevant documents, occasionally the police object to disclosure or inspection of particularly sensitive documents. Where the court deems it necessary, it can invite the Attorney General to appoint Special Advocates to represent the interests of the parties in closed material procedures to consider that sensitive evidence. Special Advocates are appointed by through the Special Advocates’ Support Office (“SASO”), which is part of the Government Legal Department.

Abuse of process – boiling down to a fair trial

Written by: Elliot Gold
Published: 22 July 2017

A very long judgment in Marsh v MoJ [2017] EWHC 1040 (QB) deals with a employee’s personal injury claim arising from his employer’s misconduct investigation into him. The final part, however, addressed (very briefly) an abuse of process application, where it was contended that the Defendant’s solicitor acted with an excess of zeal when dealing with witnesses and/or that she was too close to the case.

Up to five police visits a day not a breach of articles 3 or 8

Written by: Elliot Gold
Published: 6 July 2017

This is the second of two posts on the case from the European Court of Human Rights, Shalyavski v Bulgaria (App no. 67608/11) 15.6.17, concerning breaches of Articles 3 and 8. This second one concerns a finding that the police’s visiting of a person’s home whist they were under house arrest, sometimes up to five times a day, was not a breach of Articles 3 or 8.

Disabled person left in police car for 12 hours a breach of Article 3, €3,000 damages

Written by: Elliot Gold
Published: 4 July 2017

This is the first of two posts on the case from the European Court of Human Rights, Shalyavski v Bulgaria [2017] ECHR 564; (App no. 67608/11) 15.6.17, concerning breaches of Articles 3 and 8. This first one concerns damages for (arguably) detention contrary to Article 3. Where a disabled person, unable to mobilise himself, was kept by the police in a car for between eleven and twelve hours as a result of the arrest of his carer, this amounted to a breach of Article 3. Monetary damages were awarded but were typically modest.

Arrest for breach of a behaviour injunction (which isn’t)

Written by: Elliot Gold
Published: 1 July 2017

The courts have given another judgment, Ahmed v Crown Prosecution Service [2017] EWHC 1272 (Admin), which helps the police in considering what actions fall within the execution of their duty. In short, where a police officer genuinely and reasonably believes that they are authorised by a court order to arrest a person for breach of an injunction and that the person is in breach of it, they will be acting in the course of their duty if they arrest that person. Even where there is no valid injunction. Sort of. The case is not available on Bailii – possibly because it was given ex tempore. It is on Lawtel and Westlaw.