PCD 1651 Request for authorisation to settle two claims for damages against the Metropolitan Police Service (MPS)

PCD 1651 Request for authorisation to settle two claims for damages against the Metropolitan Police Service (MPS) 

The Deputy Mayor for Policing and Crime (DMPC) is recommended to approve the settlement of a claim by a former police officer who has developed an asbestos related cancer.   

There is an open and exempt report as some of the information relates to data protection, is commercially sensitive and is legal professional privileged. 

The Deputy Mayor for Policing and Crime (DMPC) is asked to consider a request for authority to negotiate the settlement of civil proceedings, as set out in the part 2 report.   

The Deputy Mayor for Policing and Crime has the discretion to authorise the settlement of a civil claim where it would be conducive to the maintenance of an efficient and effective police force. 

PART I - NON-CONFIDENTIAL FACTS AND ADVICE TO THE DMPC 

1. Introduction and background 

1. The Claimant served as a cadet and then officer between 1980 and 2011. The claimant was exposed to asbestos fibres from the construction materials within buildings at various stations/facilities in the earlier years of their career. The Claimant developed the asbestos related cancer known as mesothelioma in 2020 and has brought court proceedings seeking damages. 

2. The claim was founded on duties owed at common law and under statute. The claim was investigated and liability was admitted on 05/08/22. 

3. Proceedings are at an advanced stage given ongoing medical assessments and a final assessment of damages hearing is listed before the court on 9th April 2024 

2. Financial Comments 

1. The exempt report contains a breakdown of damages and suggested settlement range. Settlement will be on a full and final basis save for a reservation in respect of potential future medical expenses. 

2. The cost of any settlement, if agreed, would be met from the centrally held MPS third party claims provision budget.  

3. Legal Comments 

1. MOPAC has the power to pay any sum required in connection with the settlement for any claim made against the Commissioner under Section 88 of the Police Act 1996.  

2. Pursuant to the MOPAC Scheme of Delegation dated October 2016, MOPAC must authorise settlements above £50,000.00, or those claims that are otherwise high profile or sensitive, according to the criteria set out in section 4.10 of the Scheme. 

3. There is an open and exempt report as some of the information relates to data protection, is commercially sensitive and is legal professional privileged 

4. GDPR and Data Privacy  

1. The processing of personal data has been minimised as part of this decision and is held within Part 2 of the report. 

5. Equality Comments 

1. To continue policing with the consent of the population it serves, the police will always seek to treat everyone fairly and openly.  Race or equality issues do not appear to have an impact in this matter 

6. Background/supporting papers 

1. Refer to Part 2 of the report.