R (Rottman) v Comr of Police of the Metropolis [2002] UKHL 20; [2002] 2 AC 692
Citation:R (Rottman) v Comr of Police of the Metropolis [2002] UKHL 20; [2002] 2 AC 692
Rule of thumb 1:If a new statute is introduced is the common law in that area obsolete? No, the general rule is that the 2 continue to act in conjunction with each other, but if the statute clearly contradicts the common law then the common law can be declared to be obsolete.
Rule of thumb 2:Is the police giving out information about a person’s criminal history a breach of their right to privacy? No, these are public documents & information in the public which privacy does not apply to.
Background facts:
The basic facts were that Ms Rottman was hired to be a playground assistant in a school/nursery. A background check was done by the school with the police and it turned out that she had been accused of child-neglect and social services were involved.
Parties argued:
Rottman was then terminated from her employment. Rottman argued that the police providing information about this complaint was a violation of her right to privacy.
Judgment:
The Court held that it was not a violation of the right to privacy for the Police to provide this. If the provisions in a statute prima facie look to have clear meaning, they should still be set in the context as part of the relevant statutory framework (preamble, layout, part), and also with regard to the historical legislative Acts which came before this. The common law principles and case should also be considered so that the law in its full context can be known. From this base a fair and proper interpretation of the laws can then attained.
Ratio-decidendi:
‘It is a well-established principle that a rule of the common law is not extinguished by a statute unless the statute makes this clear by express provision or by clear implication’, para 75 per Lord Hutton
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.