Gregory (A.P.) v. Portsmouth City Council, (2000)
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Gregory (A.P.) v. Portsmouth City Council, (2000)
HOUSE OF LORDS
Lord Browne-Wilkinson Lord Nicholls of Birkenhead Lord Steyn Lord Hobhouse of Wood-borough Lord Millett OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENTIN THE CAUSEGREGORY (A.P.)(APPELLANT)v.PORTSMOUTH CITY COUNCIL(RESPONDENTS)ON 27 JANUARY 2000LORD BROWNE-WILKINSONMy Lords,I have had the advantage of reading in draft the speech prepared by my noble and learned friend Lord Steyn. I agree with it and for the reasons which he gives I would dismiss the appeal.LORD NICHOLLS OF BIRKENHEADMy Lords,I have had the advantage of reading in draft the speech of my noble and learned friend Lord Steyn. For the reasons he gives I too would dismiss this appeal.LORD STEYNMy Lords,On this appeal the question is whether the tort of malicious prosecution is in law capable of extending to the malicious institution of domestic disciplinary proceedings by a local authority against a councillor.The Disciplinary ProceedingsIn 1983 Mr. Gregory was elected a Conservative member of the Portsmouth City Council. He had earlier been employed by an estate agent. Complaints were received by the Council that while various matters affecting local properties were before committees of the Council, Mr. Gregory was involved directly or indirectly in dealings in the properties. The allegation was that Mr. Gregory had abused his position as a councillor by using confidential knowledge gained as a councillor for his personal advantage. In 1988 the Administrative Sub-Committee of the Council's Policy and Resources Committee investigated allegations that Mr. Gregory had acted in breach of the National Code of Local Government Conduct which the Counc...See the full content of this document
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