Read the full judgment text of CACV 000013/2000 on BabelCite. This Court of Appeal judgment was delivered on 30 May 2000 before Godfrey VP, Rogers JA, Ribeiro JA.
Tort – misfeasance in public office – mental element – subjective test – plaintiff stabbed by neighbouring hawker who received reduced sentence after police officer fabricated statements – plaintiff developed clinical depression – whether claim sustainable – reliance on Three Rivers District Council v Governor and Company of the Bank of England (No 3) (HL, 18 May 2000) – subjective test for mental state – targeted malice, untargeted malice and reckless untargeted malice as sufficient variants – plaintiff must show officer's intent, knowledge or recklessness directed at harm of type suffered – grave allegations of bad faith require supporting pleaded facts – Order 18 r 12(4) – no realistic prospect of proving constable subjectively aware fabrication would in ordinary course cause plaintiff psychiatric injury – pleading struck out and action dismissed – alternative immunity ground not determined – Taylor v Director of the Serious Fraud Office [1999] AC 177 left scope of immunity open – Silcott v Commissioner of Police of the Metropolis, Mengel, Munster v Lamb, Roy v Prior, Evans v London Hospital Medical College, Bennett v Commissioner of Police for the Metropolis, Garrett v Attorney-General, Docker v Chief Constable of West Midlands Police considered.
Legal issues: Sufficiency of pleaded mental element for misfeasance in public office
Outcome: Defendant's appeal allowed; Re-Amended Statement of Claim struck out and action dismissed.
Cited by 2 cases