Wood v Chief Constable of West Midlands Police
| Jurisdiction | England & Wales |
| Judge | Mr Justice Tugendhat |
| Judgment Date | 08 December 2003 |
| Neutral Citation | [2003] EWHC 2971 (QB) |
| Court | Queen's Bench Division |
| Docket Number | Case No: 02/TLQ/1742 |
| Date | 08 December 2003 |
[2003] EWHC 2971 (QB)
IN THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
The Honourable Mr Justice Tugendhat
Case No: 02/TLQ/1742
Miss A Page QC and Mr W Bennett (instructed by Peter Carter-Ruck and Partners) for the Claimant
Mr R H Perks (instructed by West Midlands Police Legal Service Department) for the Defendant
Hearing dates: 2 December 2003
In September 1999 Mr Mulligan, then a Detective Chief Inspector, and now a Superintendent, of the West Midlands Police, wrote some letters concerning a Mr Hart. Mr Hart was engaged in the business of salvaging motor vehicles that had been damaged beyond repair, and the name of the business was Vehicle Salvage Group Ltd ('VSG'). In June 1999 Mr Hart had been arrested and charged with handling stolen goods, following the recovery by the police of some vehicles from his home address. The letters were addressed to Mr Wagstaff of the Crime Fraud Prevention Bureau, Mr Arnold, an independent Insurance Engineer who acts on behalf of major insurance companies to advise them concerning motor loss claims, and to Mr Simpson of Markfield Insurance Brokers, who acted for what used to be known as the Tarmac group of companies, and is now called Carillion plc.
These letters have given rise to this libel action. It is brought by Mr Woods, who claims to have co-founded VSG with Mr Hart in November 1998, each holding 50 per cent of the share capital, and each being a director.
The action is against the Chief Constable of West Midlands Police, who admits that Mr Mulligan was acting under his direction and control.
The action is listed for trial before myself and a jury on Monday 8 December 2003. On 2 December, the preceding Tuesday, I heard argument upon an application issued on 11 November 2003 on behalf of the Claimant that pursuant to CPR Parts 3.4 and 24 the plea of qualified privilege in paragraph 9 of the Re-Amended Defence be struck out. Miss Page QC appeared for the Claimant. Mr Perks appeared for the Defendant. Mr Perks opposes the application not only on its merits, but also on the ground that notice has been given too late and that in any event the defence of qualified privilege depends on facts which are required to be found by the jury.
CPR Parts 3.4 and 24, so far as material, read as follows:
"3.4(2) The Court may strike out a statement of case if it appears to the Court (a) that the statement of case discloses no reasonable ground for … defending the claim…
The court may give summary judgment against a … defendant on the whole of … a particular issue if – (a) it considers that… (ii) that the defendant has no real prospect of successfully defending… the claim or issue … and (b) there is no other compelling reason why the case or issue should be disposed of at the trial".
The words complained of are pleaded in paragraphs 4 to 5A of the Re-Amended Particulars of Claim, as follows:
'4. In a letter dated 10 September 1999 written and signed by DCI Mulligan and sent through the post to Neil Simpson of Markfield Insurance Brokers, part of the Tarmac group of companies, DCI Mulligan wrote and published of the Claimant the following defamatory words:
"Mr Hart has recently been arrested and charged with numerous offences including stealing motor vehicles and dismantling them in order to re-sell and "ring" further vehicles. He has to date not been convicted at Court as we are awaiting a Crown Court Trial, however, I feel I must bring this to your immediate attention. On this occasion we recovered 17 stolen vehicles, many as stated already "cut up".
Mr Hart was employed for some years by Hunters Salvage, Bott Lane, Lye, West Midlands and now operates under the company name of Vehicle Salvage Group, Chester Road, Cradle Heath, West Midlands. My main aim is to inform companies like yourselves of Mr Hart and his attempt to disguise his criminal activities with a veil of legitimacy. I am aware that you are using Mr Hart to salvage Tarmac vehicles and would ask that you consider your position with him. If you require any further details please do not hesitate to contact me."
In a letter dated 6 September 1999 written and signed by DCI Mulligan and sent through the post to John Wagstaff of the Crime Fraud Prevention Bureau, DCI Mulligan wrote and published of the Claimant the same defamatory works as set out in paragraph 4 above, save that the last three sentences were not included and in their place was the following:
"I am aware that he has contracts with companies such as Tarmac and British Gas who hold insurance Bonds and I will be notifying them direct. I would ask that Mr Hart's details are circulated accordingly if you require further details please do not hesitate to contact me".
A. By cover of a fax dated 6 September 1999 sent to Jim Arnold, DCI Mulligan published a copy of the defamatory letter originally sent to John Wagstaff (complained of in paragraph 5 above) and on the fax front-sheet wrote and published the following words which also defamed the Claimant.
"Further to our telephone conversation last week please find the details of HART as discussed. HART Used to be employed at Hunters Salvage, Bott Lane, Wye, West Midlands and now works under the Company name of Vehicle Salvage Group, Chester Road, Cradley Heath, West Midlands. HART is presently on bail to Crown Court for many offences including having 17 stolen vehicles found at his home address some which had been "cut up" for resale and use.
I have already contacted John Wagstaff and written to him regarding circulation to the Insurance World however, I would ask that you also circulate his details in order that he is unable to use a legitimate business front to disguise a criminal venture".
The defamatory meaning which it is alleged the words bore is: 'The Claimant aided and abetted Gary Hart in the commission of numerous serious criminal offences'.
In addition to the publication of the letters to the three individuals to whom it is admitted that they were sent, the Claimant alleges publication, or re-publication, to other thus far unidentified companies with whom VSG was trading or likely to trade.
In support of the plea of damage it is pleaded that 'The actions of DCI Mulligan constituted a gross abuse of police powers the consequence of which was that an innocent citizen's livelihood was unjustly jeopardised and destroyed'.
For the Defendant it is denied that the words refer to, or are defamatory of, the Claimant. The Defence as re-amended on 28 May 2003 no longer pleads that the words are true, as it did in its original and amended forms. The plea of qualified privilege in paragraph 9 is as follows:
'9. The publication of the said letters occurred on occasions of qualified privilege.
PARTICULARS
i. DCI Mulligan, on behalf of the Defendant, had a duty to detect and prevent crime. He had been investigating offences concerning the disposal of stolen cars and stolen car parts. The main victims of such offences are motor insurers.
ii. On 20 March 1999 anonymous information was received by West Midlands Police to the effect that somebody called Gary working at premises near to Cradley railway station was involved in the theft of motor vehicles. Enquiries revealed that Mr Gary Hart was working at the premises of Vehicle Salvage Group in Chester Road, Cradley Heath. On 8 June 1999 Police Officers found stolen vehicles and stolen vehicle parts at premises in James Scott Road, where they had been taken by Mr Gary Hart to be crushed. On 21 June 1999 stolen vehicle parts were recovered by Police from the home address of Mr Gary Hart at Six Ashes, Alverley, Bridgnorth, Mr Gary Hart was arrested and charged with handling stolen goods and then released on bail.
iii. DCI Mulligan believed that further offences were likely to be committed if the insurance trade were not warned about Mr Gary Hart's dealings, and he therefore had a legal or moral duty to give information about Mr Gary Hart to the insurers who might be adversely affected by his illegal dealings. They might be so affected either directly by having to meet insurance claims in respect of stolen vehicles, or indirectly by selling "salvage" (vehicles damaged beyond economic repair) to a person who then used the vehicles or parts of them to disguise stolen vehicles and prevent them from being recovered.
iv. Some offences investigated by DCI Mulligan concerned cars belonging to companies in the Tarmac group of companies, and DCI Mulligan was informed by the Tarmac group that their vehicles were insured through there own "in-house" insurance brokers, Markfield Insurance Brokers, which was managed by Mr N Simpson. DCI Mulligan therefore spoke to Mr N. Simpson concerning his suspicions of illegal activities by Mr Gary Hart. Mr N Simpson confirmed that Markfield Insurance Brokers had a continuing business relationship with Mr Gary Hart and advised him to inform Mr John Wagstaff, who is the manager of the Crime Fraud Prevention Bureau ("the Bureau").
v. The Bureau was at the material time a department of the Association of British Insurers ("ABI") of 51 Gresham Street, London. It was set up to prevent fraud against insurers by collecting information about potential fraud, and distributing it to members of ABI. The duty of Police Forces to provide information to insurers, and the interest of insurers to receive such information, are recognized by a Memorandum of Agreement made between the Association of Chief Police Officers ("ACPO") and ABI in 2002 which replaced the Guidelines on the Exchange of Information Between Police and Insurers first issued by the Crime Committee of ACPO in 1978.
vi. Mr Jim Arnold is an independent Insurance Engineer who acts in the Midlands area on behalf of most major...
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