The plaintiff councillor had been disciplined by the defendant for allegations. The findings were later overturned, and he now sought damages alleging malicious prosecution.
Held: The categories of malicious prosecution are closed, and it was not appropriate to use this tort in respect of disciplinary proceedings by a local authority against a councillor.
Judges:
Simon Brown, Schiemann, Ward LJJ
Citations:
Times 26-Nov-1997, Gazette 03-Dec-1997, (1998) 10 Admin LR 505, [1997] EWCA Civ 2645, (1997) 96 LGR 569
Links:
Jurisdiction:
England and Wales
Citing:
Cited – P v T Ltd ChD 7-May-1997
A order for the disclosure of documents can be proper if it is the only method of founding proceedings against a third party, even though there might be no sufficient proof without the documents. An order was made because it was necessary in the . .
See Also – Regina v Portsmouth City Council, Ex parte Gregory and Mos QBD 1990
The local authority had disciplined two of its councillors for alleged breach of the Code for Local Government. The councillors now successfully challenged the proceedings. The administrative Sub-Committee which had made the finding had been acting . .
Cited – Savill v Roberts 1741
The plaintiff, Roberts, was entitled to recover andpound;11 damages in proceedings for malicious prosecution, the defendant having maliciously caused Roberts to be indicted for causing a riot, and Roberts having been acquitted. The andpound;11 was . .
Cited – Johnson v Emerson 1871
Cleasby B recognised that the tort of malicious prosecution could be committed in the malicious presentation of a winding up petition. The effect of presentation of such a petition was immediately damaging to the company which was the subject of the . .
Cited – Quartz Hill Consolidated Gold Mining Co v Eyre CA 26-Jun-1883
The court considered whether an action lay without proof of special damage for maliciously presenting a winding up petition.
Held: There was. Though there was no general cause of action for maliciously bringing civil proceedings without . .
Cited – Mohammed Amin v Jogendra Kumar Bannerjee PC 1947
The Board considered an action for malicious prosecution. Sir John Beaumont said: ‘The foundation of the action lies in abuse of the process of the court by wrongfully setting the law in motion, and it is designed to discourage the perversion of the . .
Cited – Martin v Watson HL 13-Jul-1995
The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and charged, but at a hearing before the Magistrates’ Court, the Crown . .
Cited – Metal und Rohstoff AG v Donaldson Lufkin and Jenrette Inc CA 27-Jan-1989
The claimants sued for negligent advice and secured judgment. The defendant company became insolvent, and so the plaintiff now sued the US parent company alleging conspiracy. The court considered a tort of malicious prosecution of a civil claim, . .
Cited – Berry v British Transport Commission QBD 1961
Although in civil cases extra costs incurred in excess of the sum allowed on taxation could not be recovered as damages, the Court was not compelled to extend that rule (based as it is on a somewhat dubious presumption) to criminal proceedings in . .
Cited – Berry v British Transport Commission CA 1961
The plaintiff had been prosecuted by the defendant for pulling the emergency cord on a train without proper cause. After acquittal and payment of part of her costs, she sued for malicious prosecution, saying the damages were the part of her defence . .
Cited by:
Appeal from – Gregory v Portsmouth City Council HL 10-Feb-2000
Disciplinary proceedings had been taken by the local authority against Mr Gregory, a council member, after allegations had been made that he had failed to declare conflicts of interest, and that he had used confidential information to secure a . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Local Government
Updated: 10 November 2022; Ref: scu.143044