KB-2024-000763 - [2025] EWHC 2791 (KB)

The Claimant alleges that the investigating officer told him that a criminal conviction was a certainty, and as such a contract was made between him and the police that a prosecution would follow.

The Defendant denies that any such contract between a member of the public and the police is recognised under English law. They say it is an abuse of process to bring this claim because it represents a collateral attack on the decision of the Administrative Court which considered the fairness of the police operation. I do not consider it necessary to make such a finding, as the answer to the request to strike this allegation out is simple; there are no reasonable grounds to make such an allegation when the law does not recognise any such claim. This Court cannot create new law in this regard. The claim must be struck out pursuant to CPR 3.4 (2) (a).