Heading

ON SECOND APPEAL FROM THE HIGH COURT OF JUSTICE
KINGS BENCH DIVISION
Ritchie J
ON APPEAL FROM WINCHESTER COUNTY COURT
HHJ Brownhill
J08YJ076
Royal Courts of Justice
Strand, London, WC2A 2LL
Before:
THE LADY CARR OF WALTON-ON-THE-HILL
LADY CHIEF JUSTICE OF ENGLAND AND WALES
THE PRESIDENT OF THE KING'S BENCH DIVSION
DAME VICTORIA SHARP DBE
and
LORD JUSTICE COULSON
Between:
(1) The Chief Constable of Sussex Police (2) The Crown Prosecution Service | Appellants |
- and – | |
XGY | Respondent |
- and – | |
The Bar Council of England and Wales | Intervener |
Jason Beer KC, Georgina Wolfe and Robert Talalay (instructed by Weightmans LLP) for the 1st Appellant
Fiona Barton KC and John Goss (instructed by Government Legal Department) for the 2nd Appellant
Fiona Murphy KC and Frederick Powell (instructed by Irwin Mitchell LLP) for the Respondent
Adrian Waterman KC and Beatrice Collier (instructed by Kingsley Napley LLP)for the Intervener
Hearing Dates: 24-25 June 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 8 October 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
.............................
- Heading
- The Lady Carr of Walton-on-the-Hill CJ, Dame Victoria Sharp P. and Lord Justice Coulson Introduction
- The core immunity and its extension
- Immunity from negligence claims by clients
- The Factual Background
- XGY’s Claims and the Applications To Strike Out/Reverse Summary Judgment
- The Judgment of HHJ Brownhill: A Summary
- The Judgment of Ritchie J: A Summary
- The Issues on Appeal
- The Relevant Context: A Bail Hearing
- The CPS Appeal: Is the CPS advocate Protected By The Core Immunity?
- The Police Appeal: Are They Protected By An Immunity?
- Both Appeals: Does The Immunity Apply To All of XGY’s Claims?
- The DPA and the HRA
- Both Appeals: Did XGY Meet The Section 7 Criterion?
- HHJ Brownhill’s Conclusions
- The Approach of Ritchie J
- Conclusions
![Case Nos: CA-2024-002167 - [2025] EWCA Civ 1230](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png)