John Beggs QC and Aaron Rathmell appeared for the Defendant in the recent case of R. (Gilmore) v Police and Crime Commissioner for West Yorkshire [2017] EWHC 2867 (Admin), before Mr Justice Supperstone. The case dealt with a question of statutory interpretation: whether the “appropriate authority” in the police disciplinary regime is required to make a “case to answer” decision regarding an officer who has retired or resigned from the police service.

John and Aaron submitted that neither the Police Reform Act 2002 nor the misconduct regulations (2012–2017) required or permitted a case to answer decision by the appropriate authority in relation to retired officers and, further, that the Claimant had not brought his claim promptly. The Court accepted those submissions and the claim was dismissed. Further grounds advanced by the Claimant relating to publication of the investigation report and the rationality of the charges against him were dismissed and withdrawn respectively. A costs order was made in favour of the Defendant.

Read here for press coverage of the case.