Arbroath v North Eastern Railway: 1883

In a case alleging malicious prosecution, the burden of proving absence of reasonable and probable cause is on the Plaintiff, who thus takes on the notoriously difficult task of proving a negative


(1883) II QBD 440


England and Wales

Cited by:

CitedSinclair v Chief Constable of West Yorkshire and British Telecommunications Plc CA 12-Dec-2000
The claimant had been prosecuted, but the charge was dismissed as an abuse of process. He now appealed a strike out of his civil claim for damages for malicious prosecution.
Held: The appeal failed. The decision to dismiss the criminal charge . .
Lists of cited by and citing cases may be incomplete.

Evidence, Torts – Other

Updated: 13 May 2022; Ref: scu.196690