Six Members of Chambers Appear in Court of Appeal in Key Immunity Case

Six members of chambers are acting in XGY v Chief Constable of Sussex Police & Crown Prosecution Service, a significant Court of Appeal case addressing the scope of advocates’ immunity and the extent to which that immunity applies to police officers and staff preparing prosecution files.

Jason Beer KC, Georgina Wolfe and Bobby Talalay were instructed for the First Appellant, the Chief Constable of Sussex Police. Fiona Barton KC and John Goss appeared for the Second Appellant, the CPS, while Beatrice Collier (led by Adrian Waterman KC) represented the Bar Council as intervener.

The case arose after a CPS advocate inadvertently disclosed a victim’s address during a bail hearing. The victim, XGY, brought claims against both the police and CPS under the Data Protection Act 2018, the torts of misuse of private information and breach of confidence, and the Human Rights Act 1998 (relying on Articles 2, 3 and 8 ECHR). At first instance in the County Court, the claim was struck out, with the circuit judge holding that both defendants were protected by the advocate’s immunity, which extended to police preparation of court files.

XGY appealed to the High Court, where Ritchie J allowed her appeal (XGY v (1) Chief Constable of Sussex Police & (2) CPS [2024] EWHC 1963 (KB). He held that the law had shifted from an absolute immunity for advocates towards a ‘justificationism’ approach, requiring justification for the disclosure in light of the purpose of immunity. The High Court also set aside a summary judgment finding that XGY was not a victim under s.7 HRA.

That ruling marked a significant development in the law of immunity for things said and done in court and the liability of the police for their actions in connection with court proceedings. The case is therefore of importance not only for the police and CPS, but for advocates generally.

The Chief Constable and the CPS appealed Ritchie J’s decision, and the Bar Council obtained permission to intervene. The Court of Appeal (the Lady Chief Justice, the President of the King’s Bench Division and Lord Justice Coulson) heard the second appeal over 24-25 June 2025 and has reserved judgment.

Jason Beer KC, Georgina Wolfe and Bobby Talalay were instructed for the Chief Constable of Sussex Police.

Fiona Barton KC and John Goss were instructed for the Crown Prosecution Service.

Beatrice Collier was instructed for the Bar Council.