Civil Proceedings Against The CPS
Introduction
The CPS can be a party to an action in civil law arising out of our advisory or statutory functions under the Prosecution of Offences Act 1985.
For the purposes of civil proceedings, the CPS is deemed to be an “Authorised Government Department” (Rule 66 of the Civil Procedure Rules and section 17 of the Crown Proceedings Act 1947).
Civil proceedings against the CPS must therefore be brought in compliance with the Civil Procedure Rules and its associated Protocols and Practice Directions. Failure to do so could result in our refusal to engage other than to acknowledge receipt of correspondence.
The CPS has a dedicated Team, the Civil Litigation Team, responsible for handling civil litigation claims brought against the CPS. Contact with the Team can be made by emailing:
Or by writing to -
Civil Litigation Unit
CPS Proceeds of Crime Division
4th Floor Zone A
102 Petty France
London
SW1H 9EA
DX: 161330 Westminster 11
The Team does not deal with complaints arising out of prosecutions or the handling of criminal cases. Such matters are dealt with under the CPS Feedback and Complaints Policy.
The Team also does not deal with claims arising from employment law or applications for judicial review. Those teams can be contacted via email at [email protected] and [email protected] respectively.
Guidance
The CPS should ordinarily be sued as an organisation and not in the name of individual prosecutors. The CPS maintains vicarious liability for the acts and omissions of all its staff working in the course of their employment.
In accordance with the Civil Procedure Rules, civil proceedings should be notified to the CPS via a letter before claim (also known as a “pre-action letter”). Letters before claim must clearly set out the legal basis upon which a claimant seeks damages and:
- The relevant background facts,
- Why it is alleged that the CPS is at fault (i.e. what is the act or omission alleged),
- The loss suffered because of the alleged fault by CPS and remedy sought, and
- If a financial remedy is sought, the amount and how that amount is calculated.
If a dispute cannot be resolved pre-action and court action is necessary, claim forms issued against the CPS must be served directly on the Government Legal Department (GLD) not the CPS. The GLD will in turn notify the Civil Litigation Team of the claim.
GLD’s address for service is:
Government Legal Department
102 Petty France
London
SW1H 9GL
DX: 123243 Westminster 12
The CPS is not required to formally respond to civil proceedings that are notified otherwise than in accordance with this guidance.
Where a claim is issued against the CPS, and the CPS defends that claim successfully, a claimant may be held liable for at least some of the CPS’s costs of defending the claim, subject to the rules on recovery of costs under the Civil Procedure Rules.