James-Bowen and others (Respondents) v Commissioner of Police of the Metropolis (Appellant)

[2018] UKSC 40 UKSC 2017/0003 James-Bowen and others (Respondents) v Commissioner of Police of the Metropolis (Appellant) On appeal from the Court of Appeal Civil Division (England and Wales) The respondents are police officers who took part in the arrest and detention of Babar Ahmed in December 2003. Mr Ahmed alleged that he had been seriously assaulted by the respondents and in 2007 brought a claim against the appellant on the grounds that he was vicariously liable for those assaults. Two days into the trial the appellant compromised the claim on terms which involved an admission of most of the alleged assaults. The respondents issued the present proceedings in 2013 alleging that the appellant had conducted the proceedings negligently, and seeking damages for reputational, economic and psychiatric harm. The appellant applied to have the claims struck out. The issue is: whether a person who is sued in civil litigation for alleged misconduct by his employees (or others for whom he is vicariously liable) owes those employees a duty of care in the conduct of his defence. The Supreme Court unanimously allows the appeal.