Alan Payne appeared for the Respondent Chief Constable in the Court of Appeal in Desmond v. Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3. This case will have a significant impact on litigation arising from the issuing of Enhanced Criminal Record Certificates (ECRCs).

Mr. Desmond’s claim arose from the disclosure to the CRB of information concerning an arrest. He claimed damages for financial loss and psychiatric illness arising out of the allegedly negligent disclosure. The Court of Appeal found that no private law duty of care was owed by the police to individuals, in respect of whom they provided information to the CRB. Lord Justice May, giving the judgment of the Court, held that while a duty of care may arise where there is a voluntary assumption of responsibility, the issuing of an ECRC pursuant to a statutory duty did not constitute such an assumption of responsibility. The Court further held that as the police did not assume any responsibility beyond that required to perform its statutory duty to issue the ECRC, no duty of care was created. The Court of Appeal determined that the structure and purpose of the Police Act 1997 strongly suggested that no common law duty ought to arise.

Alan Payne is Junior Counsel to the Crown (B Panel) and regularly appears for police forces in judicial reviews, civil actions, public inquiries and disciplinary hearings