Action short of standard for malicious prosecution
The claimants alleged a fraud by the eight defendants. The sixth defendant counterclaimed for damages alleging malicious prosecution. The claimant sought the strike out of the counterclaim.
Held: The allegations failed insofar as they related to the institution of civil proceedings. As to the criminal proceedings: ‘it is necessary show that the defendant falsely and maliciously gave evidence desiring and intending that a prosecution be brought, that the facts relating to the crime are exclusively within the defendant’s knowledge so that the prosecution authorities cannot exercise their independent judgment in the matter and that a prosecution is virtually inevitable.’ The defendant had not reached that standard, and the counterclaim was struck out.
Judges:
Teare J
Citations:
[2009] EWHC 955 (Comm)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Moon v Kent County Council and Another 1995
. .
Cited – 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
Updated: 20 December 2022; Ref: scu.341863