The Ministry of Justice (Sued As The Home Office) v Scott: CA 20 Nov 2009

The claimant had been falsely accused of assault by five prison officers. The defendant appealed against a refusal to strike out a claim of of malicious prosecution.
Held: Proceedings for malicious prosecution cannot be regarded as being confined to cases in which the facts are ‘within the knowledge only of the complainant.’ Such claims are generally unsuitable for summary disposition. The appeal failed.


Pill LJ


[2009] EWCA Civ 1215




England and Wales


CitedCommonwealth Life Assurance Society Limited v Brain 1935
(High Court of Australia) Dixon J said: ‘that no responsibility was incurred by one who confines himself to bringing before some proper authority information which he does not believe, even although in the hope that a prosecution will be instituted, . .
MentionedRoy v Prior HL 1970
The court considered an alleged tort of maliciously procuring an arrest. The plaintiff had been arrested under a bench warrant issued as a result of evidence given by the defendant. He sued the defendant for damages for malicious arrest.
Held: . .
CitedCommercial Union Assurance Co. of NZ Ltd v Lamont 1989
(Court of Appeal of New Zealand) Richardson J said: ‘a defendant who has procured the institution of criminal proceedings by the police is regarded as responsible in law for the initiation of the prosecution . . that requires close analysis of the . .
CitedMartin 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 by:

CitedCommissioner of Police of The Metropolis v Copeland CA 22-Jul-2014
The defendant appealed against the award of damages for assault, false imprisonment and malicious prosection, saying that the question posed for the jury were misdirections, and that the jury’s decision was perverse. The claimant was attending the . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice

Updated: 05 August 2022; Ref: scu.380343