Immunity from suit for abuse of process attaching to judicial process was attached also to steps taken as part of the investigation of a crime with a view to a possible prosecution of the matter. Auld LJ said: ‘The whole point of the public policy reason for the immunity is to encourage honest and well-meaning persons to assist justice even if dishonest and malicious persons may on occasion benefit from the immunity.’
Judges:
Auld LJ
Citations:
Times 29-Apr-1998, Gazette 29-Apr-1998, [1998] EWCA Civ 522
Jurisdiction:
England and Wales
Cited by:
Appeal from – Darker v Chief Constable of The West Midlands Police HL 1-Aug-2000
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were . .
Cited – General Medical Council v Professor Sir Roy Meadow, Attorney General CA 26-Oct-2006
The GMC appealed against the dismissal of its proceedings for professional misconduct against the respondent doctor, whose expert evidence to a criminal court was the subject of complaint. The doctor said that the evidence given by him was . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Police
Updated: 05 May 2022; Ref: scu.144000