The claimant sought damages for malicious prosecution, saying that the defendant had made a complaint to the police knowing it to be false that the claimant had indecently exposed himself. Acting on the complaint the police had arrested and charged him, but then the charges were dropped with no evidence offered.
Held: The defendant’s appeal against a finding of malicious prosecution succeeded. A complainant to the police is not a prosecutor for malicious prosecution purposes. It is not he who sets the law in motion. A more direct involvement in the process of the prosecution had to be shown.
Citations:
Gazette 23-Mar-1994, Times 27-Jan-1994, Independent 26-Jan-1994, [1994] 2 WLR 500, [1994] QB 425, [1994] 2 All ER 606
Jurisdiction:
England and Wales
Cited by:
Appeal from – 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 – Hunt v AB CA 22-Oct-2009
The claimant sought damages from a woman in malicious prosecution, saying that she had made a false allegation of rape against him. He had served two years in prison.
Held: The claim failed. A complainant is not a prosecutor, and is not liable . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 15 May 2022; Ref: scu.83451