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Practice – Pre-trial or post-judgment relief. The claimants sought damages for deceit, assault, misfeasance in public office and negligence arising out of long term and intimate sexual relationships which they had with four men, who they alleged were undercover police officers acting under the direction and control of the defendant. The defendant applied to strike out the claims on the grounds that he could not take any active role in the case without infringing the neither confirm nor deny policy (NCND) policy. The Queen's Bench Division held that the defendant was only allowed to adopt that position in relation to certain specific individuals but had to amend the defence in order to either admit or deny the allegations.
Practice – Pre-trial or post-judgment relief. The claimants sought damages for deceit, assault, misfeasance in public office and negligence arising out of long term and intimate sexual relationships which they had with four men, who they alleged were undercover police officers acting under the direction and control of the defendant. The defendant applied to strike out the claims on the grounds that he could not take any active role in the case without infringing the neither confirm nor deny policy (NCND) policy. The Queen's Bench Division held that the defendant was only allowed to adopt that position in relation to certain specific individuals but had to amend the defence in order to either admit or deny the allegations.
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