Case Nos. IPT/15/602/CH, IPT/15/603/CH, IPT/15/613/CH
IN THE INVESTIGATORY POWERS TRIBUNAL
B E T W E E N:
(1) DAVID MORAN
(2) STEVEN ADAMS
(3) Mr O
(4) Mrs O
(5) GERARD GALLACHER
(6) MARJORIE GALLACHER
- and POLICE SCOTLAND

Complainants

Respondent

UPON the trial of the remedy of the Complainants’ claims
AND UPON related police complaints having been made about the conduct of the
Respondent’s officers
AND UPON the said complaints having been referred to the Chief Constable of Durham
Constabulary for investigation
AND UPON the Respondent having undertaken that the Respondent will provide a
reasoned decision on the determination of the investigation
AND UPON the Respondent agreeing to retain all the data obtained as a result of the
Authorisations herein pending the outcome of the investigation and any related legal
proceedings (but, in each of their cases, and subject to any obligation to retain the material
pending the outcome of the investigation and any related legal proceedings, to delete the
data relating to their case if a written request to the Respondent by the Complainant is
made)
AND UPON hearing Craig Sandison QC for the First, Second, Third and Fourth
Complainants, and the Fifth and Sixth Complainants in person and Jeremy Johnson QC
for the Respondent

 IT IS DECLARED THAT the obtaining of the Complainants’ communications data was
unlawful, it being contrary to section 6 of the Human Rights Act 1998 as read with Articles
8 and 10 of the European Convention on the Rights
AND IT IS ORDERED THAT:
1. There be judgment for the Complainants and a declaration as set out above.
2. The Authorisations in each of the Complainant’s cases is quashed.
3. The Respondent shall pay the Fifth Complainant £10,000 in damages.
4. There be no further order for any financial remedy.

Dated this 8th day of August 2016

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