0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Regina (Green) v Police Complaints Authority & Others H.C.

22 January 2002
The issues

Complaint against Police Officers – disclosure of statements by Complaints Authority.

The facts

The Claimant sought a judicial review of the refusal by the Police Complaints Authority on 3rd April 2001 to disclose witnesses statements made during the Police Authority’s investigations of a complaint that the Police Officer and others had caused the complainant serious injury when they chased and ran over him in an unmarked Police vehicle. The Authority relied on Section 80(i)(a) Police Act 1996 providing that no information received by the Authority in connection with their function should be disclosed to any other person except “so far as may be necessary for the proper discharge of the functions of the Authority”.

The decision

In order to read Section 80 in a way which was compliant with the European Convention of Human Rights and in particular the Claimant’s right to life under Article 2 and is right not to be subjected to in-human or degrading treatment under Article 3, Section 80 had to be read in a way which ensured disclosure of documents allowing the Claimant to take part fully in the investigative process. This over-rode any principles of confidentiality. Police reports and comments should not be disclosed but he was entitled to comment on the factual accounts of the same incident provided by eye witnesses. Disclosure should be made on the basis that it was only for the purpose of reviewing the complainant’s comments and not for disclosure to others. The application succeeded.

focus on...

Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).


Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.


Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.


Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up

Select which mailings you would like to receive from us.

Sign up