The claimant appealed against dismissal of his claims for malicious prosecution and misfeasance in public office. He had been arrested on suspicion of possessing indecent images of children, but the officer, he said had continued despite its own expert witness’ view that the charge could not be maintained.
Held: The officer having conduct of the case had been found not to have been told of the expert’s view, but the basis for this conclusion by the judge was faulty, and he had failed to analyse properly the documents in the case. There was no alternative but to have a retrial.
Judges:
Dyson, Carnwath, Hooper LJJ
Citations:
[2009] EWCA Civ 1259
Links:
Jurisdiction:
England and Wales
Police, Torts – Other
Updated: 07 August 2022; Ref: scu.381660