Case Nos: CA-2024-002167 - [2025] EWCA Civ 1230

Both Appeals: Does The Immunity Apply To All of XGY’s Claims?

We turn next to the question whether any of the claims for data misuse and breaches of the HRA and DPA somehow survive the findings on immunity. It was suggested for XGY that the HRA claims at least took precedence over, and therefore escaped, the application of the core immunity in any event. This was similar to the submission that was made on XGY’s behalf to HHJ Brownhill, that claims under the HRA were “fundamentally different”. No authorities were cited in support of either submission.

The core immunity applies to all possible claims against the CPS advocate (although of course he would be open to a claim by his own client in negligence). The extended immunity available to the police also extends to all possible claims against them. As explained at [10] above, the immunity cannot be outflanked by other claims, no matter how they are formulated. In both cases, the immunity from suit means just that.