Wednesday 18 January 2023
By Appellant’s notice filed on 2 December 2021 the claimants appeal the order of Mr Justice Kerr dated 12 November 2021.
The Appellants, husband and wife, appeal the decision to refuse their application to have the Respondents, both police officers for Essex police, committed to prison for contempt of Court. The background relates to the execution of a warrant, based on suspected money laundering, to search the Appellants’ home and seize goods. The warrant was obtained on evidence given by the Respondents. Ultimately no further action was taken. In separate judicial review proceedings, the Chief Constable of Essex Police conceded that the warrant should be quashed and all seized property returned. Supperstone J made an order on 4 February 2020 giving effect to that concession and directed damages of £3,500 to the Appellants’ son. In the present proceedings the Appellants allege that the Respondents knowingly misled the Court when the warrant was obtained. Kerr J did not accept this submission and although Kerr J noted that the warrant should not have been applied for or granted, it did not follow that there was a strong prima facie case that contempt was committed.