Domestic abuse survivor challenges police and CPS ‘immunity’ in the Supreme Court, 21-22 October

A woman who sued the police and CPS after confidential details of her address were disclosed to her abusive former partner is taking them all the way to the Supreme Court this week.

The woman, known in the legal proceedings as ‘XGY’, brought a claim against the Chief Constable of Sussex Police and the Crown Prosecution Service after their administrative failings led to her address being given out in open court. The police force and CPS argued that her claim should not be allowed to proceed, relying on a long-standing common-law immunity, that has historically prevented advocates and witnesses from being sued for statements made in criminal proceedings. 

A County Court agreed that the police and CPS should be shielded from legal action, and struck out XGY’s claim. Following a prolonged legal battle in the High Court and subsequently the Court of Appeal, XGY has now appealed to the Supreme Court, fighting for the right for her claim to be heard.

CWJ shares XGY’s concern that she has been unable to hold any party accountable, despite a serious mis-handling of confidential information that put her at serious risk. 

In addition, CWJ is extremely concerned that the Court of Appeal’s ruling in this case – if upheld by the Supreme Court – could make it less certain that other victims of serious crime whose rights have been breached will be able to take legal action.

Kate Ellis, Joint Head of Litigation at CWJ, who has represented a number of victim-survivors of male violence in human rights claims against the police and CPS, said: 

“If the police and CPS are entitled to claim immunity from legal actions that relate to the actual conduct and preparation of criminal cases – not just for errors made by advocates or witnesses in the courtroom – that is deeply concerning. The long-term implications of this case are as yet unclear, and will depend how the Supreme Court approaches the issues this week. 

We are concerned however that the approach taken by the previous court in this case risks seriously eroding the rights of victims, under the Human Rights Act 1998, to hold public authorities legally accountable when there have been serious failings. Those rights have been previously recognised by the Supreme Court itself, including in the landmark claims brought by two victims of the prolific ‘black cab rapist’ John Worboys against the Metropolitan Police – and are a vital means of ensuring that criminal justice bodies are subject to meaningful scrutiny.” 

CWJ applied to intervene in the Supreme Court’s hearing this week but was refused permission by the Court. A statement prepared for the purpose of our application to intervene, which identifies why the Court’s ruling on immunity could significant impact on victim-survivors of VAWG, can be read here - Statement XGY

Notes:

CWJ is also supporting proposed legislative reform, clarifying that police and the CPS cannot rely on the immunity in future in relation to misfeasance and human rights claims. For further information about those reforms see the BBC’s report dated 11 October 2026 https://www.bbc.co.uk/news/articles/c6y43mmke7ygo, and see also Hansard’s record of MPs debating the proposed reform on 13 October: https://hansard.parliament.uk/commons/2026-10-13/debates/0DDF8CB8-9185-4AE3-B47F-6120C460495A/CourtsAndTribunalsBill