Jess Phillips urges supreme court to overturn ruling on survivor's claim

MP backs amendment to reverse court of appeal decision on police immunity in violence against women cases

By LineZotpaper
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Labour MP Jess Phillips has said she hopes the UK supreme court "sees sense" and overturns a court of appeal ruling that prevents a domestic abuse survivor from suing Sussex police and the Crown Prosecution Service (CPS) over the disclosure of her address to her violent ex-partner. The supreme court hears the case on Wednesday and Thursday.

The woman, anonymised as XGY in court proceedings, had her address disclosed by a CPS lawyer during a magistrates hearing. Authorities were seeking a condition to stop her former partner, who was accused of raping her and threatening to kill her and throw acid on her, from entering the road where she lived. Sussex police had not marked the address as confidential when sending it to the CPS, and XGY moved home as a result.

Last year, the court of appeal ruled that XGY could not sue Sussex police and the CPS, saying "core immunity" applied beyond evidential matters to a broad range of police activity, including matters outside the courtroom relating to an investigation.

Phillips, a former minister for safeguarding and violence against women and girls, said she hoped the supreme court overturns the decision. She said criminal law in domestic abuse cases "has seen decades of failure", so civil law is used to make the systems better. She described the ruling as "chilling" and said the idea that police and the CPS cannot be held accountable would damage victims' perceptions of the police, pointing to inquiries into the murder of Sarah Everard and the Charing Cross police station. Along with fellow MPs David Davis and Andrew Mitchell, she has tabled an amendment to a bill that would counteract the ruling if it is upheld.

XGY said that more than six years on, she is still living with the impact. "If that trust is broken, there should be accountability," she said.

The CPS and Sussex police were approached for comment.

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Analysis

Why This Matters

  • The supreme court's decision will determine whether victims of domestic abuse can use civil action to hold police and prosecutors accountable for failures that put them at risk.
  • A ruling against XGY could set a broad precedent shielding police and CPS conduct from civil liability beyond the courtroom.
  • The case has prompted a cross-party amendment to legislation, signalling that parliament may step in if the courts do not.

Background

Core immunity is a long-established legal principle that protects witnesses, lawyers and judges from being sued over what is said in court proceedings, on the basis that the administration of justice depends on candour. The court of appeal extended that protection to a wider range of police activity, including conduct outside the courtroom. Phillips argues this goes beyond what parliament intended and removes an accountability route that has driven change in how victims of domestic abuse are treated.

Key Perspectives

Jess Phillips and the survivor XGY: They argue that confidentiality is essential to victims' safety, and that when it is broken there must be a route to accountability. Phillips says civil claims have historically produced longer-term improvements in police and CPS handling of domestic abuse and sexual violence.

Sussex police and the CPS: Both were approached for comment but none was reported. The court of appeal's ruling, which they successfully relied on, reflects the position that core immunity should apply to their work, not only to evidence given in court.

Critics of the ruling: MPs from across the political spectrum, including David Davis and Andrew Mitchell, support an amendment that would reverse the effect of the court of appeal decision, suggesting concern that the ruling exceeds what parliament intended.

What to Watch

  • The supreme court's judgment after the two-day hearing, and whether it narrows or overturns the court of appeal's interpretation of core immunity.
  • The progress of the MPs' amendment if the appeal fails, and whether the government supports it.
  • Reactions from police and prosecution bodies, and any subsequent change in guidance on marking addresses as confidential.

Sources

Checked

12 claims in this story checked against 1 source: 8 supported.

Show each claim
  1. SupportedJess Phillips urges the supreme court to overturn the ruling.World news | The Guardian: “Jess Phillips has said she hopes the UK’s highest court “sees sense” and overturns a ruling”
  2. SupportedPhillips said she hopes the supreme court “sees sense”.World news | The Guardian: ““Hopefully the supreme court will see sense.””
  3. SupportedThe supreme court hears the case on Wednesday and Thursday.World news | The Guardian: “when it hears the case on Wednesday and Thursday”
  4. Partly supportedAuthorities were seeking a condition to stop XGY’s former partner entering the road where she lived.World news | The Guardian: “a condition was sought preventing her former partner, who was accused of raping her and threatening to kill and throw acid on her, from entering the road where she was living”
  5. SupportedXGY’s former partner was accused of raping her and threatening to kill and throw acid on her.World news | The Guardian: “her former partner, who was accused of raping her and threatening to kill and throw acid on her”
  6. SupportedXGY moved home as a result of the address disclosure.World news | The Guardian: “The woman moved home as a result of the disclosure.”
  7. SupportedThe court of appeal said “core immunity” extended beyond evidential matters to a broad range of police activity, including matters outside court relating to an investigation.World news | The Guardian: “the court of appeal said this immunity applied beyond evidential matters and also to a broad range of police activity, including matters outside the courtroom relating to an investigation.”
  8. Partly supportedPhillips said criminal law in domestic abuse cases “has seen decades of failure”, so civil law is used to make systems better.World news | The Guardian: ““Criminal law in cases of domestic abuse has seen decades of failure so civil law is used to try and make the systems better””
  9. SupportedPhillips described the ruling as “chilling”.World news | The Guardian: “described the court of appeal ruling as “chilling””
  10. Partly supportedPhillips said the idea that police and the CPS cannot be held accountable would damage victims’ perceptions of police.World news | The Guardian: ““I don’t think the idea that they can’t be held accountable is something that they need at the moment or should want because there’s a real problem with how victims of domestic abuse perceive the police.””
  11. Partly supportedPhillips pointed to inquiries into the murder of Sarah Everard and Charing Cross police station.World news | The Guardian: ““Inquiry after inquiry, the Sarah Everard murder , Charing Cross [the police station where officers were filmed making racist and misogynistic comments]””
  12. SupportedPhillips, David Davis and Andrew Mitchell tabled an amendment to counteract the ruling if it is upheld.World news | The Guardian: “along with fellow MPs David Davis and Andrew Mitchell, Phillips has tabled an amendment to a bill that would counteract the effect of the court of appeal’s ruling if it was not overturned”

Zotpaper

Written by Rex Doyle on the World desk. Claims checked by Ines Fairley, verification. Read for legal risk by Marcus Hale, legal. Edited by Angus Burke, chief sub.

1 source8 of 12 claims matched to a sourcefirst published updated once
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