Abuse victims may lose trust, immunity case told

Confidence in police and prosecutors may weaken if they are immune from being sued for wrongly sharing domestic abuse victims' sensitive details in court, the Supreme Court has heard.

It comes after a woman, known as 'XGY', escaped an abusive ex in 2019, only to have her new address disclosed to him by a barrister in court, forcing her to move again.

She sued Sussex Police and the CPS, claiming it made her homeless and affected her mental health.

However, her claim was dismissed in both County Court and the Court of Appeal, prompting concerns from campaigners about the potential impact on victims' rights and a lack of accountability for police.

That case has now been taken to the Supreme Court where, on Wednesday, XGY's barrister, Fiona Murphy KC, said that there was no "blanket" immunity for things said and done in court.

"In reasoning that the immunity applies to all statements in court, irrespective of the cause of action and the circumstances of the alleged conduct, the Court of Appeal adopted the wrong starting point," she added.

Murphy said there was immunity where necessary, such as preventing defamation claims based on what witnesses say in evidence, which protects free speech and the justice process.

But she added that immunity does not apply to breaches of duty of care by a barrister or expert to their client.

Murphy said that "the state bears responsibility" for protecting such women and girls from repeat victimisation, and failure to do so "risks weakening confidence in the authorities, discouraging cooperation and exposing victims to renewed danger, displacement and trauma.".

The CPS and Sussex Police are opposing XGY's appeal.

Sir James Eadie KC, for the CPS, said while it accepts that her address should not have been disclosed in court, "words spoken in the course of proceedings in court are absolutely immune from suit".

"People must be able to speak freely in proceedings in court without fear of being sued, whether successfully or not," he added.

Jason Beer KC, representing Sussex Police, said that the Court of Appeal was correct to find that advocates have such "core immunity".

But he added that "should not detract from the Chief Constable's regret as to the position in which XGY was placed" or from her support of those who suffer domestic abuse.

"The protection of women and girls from abuse and violence remains a matter of the highest priority for the police," he said.

The hearing is due to conclude on Thursday, with a decision expected at a later date.

Additional reporting by the Press Association

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