(Trinidad and Tobago) The appellant had succeeded in a claim for damages against the police for false imprisonment and assault. He now appealed a reversal of that decision. The judge had been doubtful as to the value of the police evidence. The Court of Appeal had apparently re-assessed that evidence.
Held: The trial judge had made explicit findings of fact which the appellate court had no standing to alter. The judgment was re-instated. ‘the conduct of the police officers was not merely ‘overzealous’, as Mr Dingemans submitted: it was tortious. Although even upon that assumption he did not formally concede liability for malicious prosecution, it is irresistible. Not only was the prosecution doomed, but charging a person with an offence, which the arresting officer knows he has not committed, necessarily involves a lack of honest belief on the part of the officer, and his motive can only have been improper. ‘
Judges:
Lord Hoffmann Lord Hope of Craighead Lord Scott of Foscote Sir Andrew Leggatt Sir Kenneth Keith
Citations:
[2004] UKPC 3
Links:
Citing:
Cited – Watt (or Thomas) v Thomas HL 1947
When Scots Appellate Court may set decision aside
The House considered when it was appropriate for an appellate court in Scotland to set aside the judgment at first instance.
Lord Thankerton said: ‘(1) Where a question of fact has been tried by a judge without a jury, and there is no question . .
Cited – SS Hontestroom v SS Sagaporack HL 1927
The court discussed the weight to be given by an appellate court to findings of fact made by the court of first instance.
Held: Not to have seen the witnesses puts appellate judges in a permanent position of disadvantage as against the trial . .
Cited – Scammel and Nephew Ltd v Hurley CA 1929
The court considered when a public authority may lose any statutory protection for its acts.
Scrutton LJ said: ‘if illegal acts are really done from some motive other than an honest desire to execute the statutory or other legal duty and an . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Litigation Practice, Police, Torts – Other
Updated: 08 June 2022; Ref: scu.192155