Turner v Ambler: 13 Feb 1847

In an action for malicious prosecution, the facts material to the question of probable cause must be found by the jury; and the Judge is then to decide, as a point of law, whether the facts so found establish probable cause or want of it : among these facts are the defendant’s knowledge of the alleged ground of accusation at the time when he prosecuted ; and his belief, at that time, that the conduct forming such ground of accusation amounted to the offence charged. If the defendant did not so believe, the want of reasonable and probable cause is established, though the imputed offence appear prima facie to have been committed by the plaintiff, and the fact to have been known to the defendant, before the charge was made. The absence of belief must be proved by the plaintiff. And, if it be not proved, the defect is not supplied (for the purpose of shewing want of probable cause} by evidence that the defendant made use of the charge as a means of obtaining an
unfair advantage over the plaintiff.

Citations:

[1847] EngR 270, (1847) 10 QB 252, (1847) 116 ER 98

Links:

Commonlii

Jurisdiction:

England and Wales

Torts – Other

Updated: 15 May 2022; Ref: scu.300886