Claimant wins right to see report by QC into conduct of MP and councillor

A woman who is bringing a claim against a counclllor and MP has won the right to see an unredacted report into his conduct prepared for Portsmouth City Council by a leading Queen's Counsel.

The local authority had sought to resist the application, which was made by the claimant (‘ANH’) under rule 31.17 of the Civil Procedure Rules. This rule allows the court to order disclosure against a non-party to the litigation (in this case the council) where it was “necessary to dispose fairly of the claim”.

ANH’s claim in tort against Mike Hancock MP in the High Court is for harassment, assault and misfeasance in public office.

Nigel Pascoe QC had prepared an independent report for Portsmouth after complaints that Hancock had breached the authority’s code of conduct.

The MP has denied ANH’s claim. His spokesman has also said Hancock had, due to the ongoing civil case, received legal advice not to give evidence to the investigator.

Portsmouth had already given ANH a redacted version of the QC’s report following a subject access request under the Data Protection Act. It claimed that access to the full report did not meet the test of  necessity required by rule 31.17.

The council’s internal investigation into Hancock's conduct has been suspended pending the conclusion of the High Court claim and any findings the judge may make.

Master Leslie last week ordered disclosure, but stressed that CPR r.31.22 applied and this did not mean the report could be disseminated more widely.

Christopher Knight of 11KBW acted for Portsmouth.