(Trinidad and Tobago) The claimant had been held after arrest on suspicion of theft. He was held for several months before the case was dismissed, the posecution having made no apparent attempt to further the prosecution. He appealed against refusal of damages for malicious prosecution, wrongful arrest and false imprisonment.
Held: The appeal failed. The constable had averred in his statement that he had had reasonable and probable cause for laying the charges and had acted without malice. Those averrments had not been challenged by the appellant and the claims of malicios prosecution must fail. Similarly the respondent had clatified the issue of the appellant’s arrest and the justifications for his detention, ad the associated claims must also fail.
Lady Hale, Lord Kerr, Lord Clarke, Lord Wilson, Lord Reed
[2014] UKPC 29
Bailii
England and Wales
Citing:
Cited – Crawford Adjusters and Others v Sagicor General Insurance (Cayman) Ltd and Another PC 13-Jun-2013
(Cayman Islands) A hurricane had damaged property insured by the respondent company. The company employed the appellant as loss adjustor, but came to suspect advance payments recommended by him, and eventually claimed damages for deceit and . .
Cited – A v New South Wales 21-Mar-2007
Austlii (High Court of Australia) Torts – Malicious prosecution – Whether prosecutor acted without reasonable and probable cause – Public rather than private prosecution – Applicant acquitted of offence charged – . .
Cited – Stevens v The Midland Counties Railway Company And Lander 22-Jun-1854
Quaere, whether an action for a malicious prosecution will lie against a corporation aggregate? Per Alderson, B., that it will not.
It has to be shown that the prosecutor’s motives is for a purpose other than bringing a person to justice. . .
Cited – Grainger v Hill CEC 1838
Misuse of Power for ulterior object
D1 and D2 lent C 80 pounds repayable in 1837, secured by a mortgage on C’s vessel. C was to be free to continue to use the vessel in the interim but the law forbade its use if he were to cease to hold its register. In 1836 the Ds became concerned . .
Cited – Gray v Dight 1677
C successfully sued D for having maliciously prosecuted him in the ecclesiastical court, as a result of which he had been excommunicated. ‘And resolved the action lies though nothing ensued but an excommunication, and no [arrest], nor any express . .
Cited – Bulwer And Smiths Case 1687
Knowing that C owed H andpound;20 under a judgment debt and that H had died, D unlawfully arrogated H’s name to himself and thereby maliciously caused C to be outlawed for non-payment of the debt, as a result of which he was imprisoned for two . .
Cited – Jones v Givin 1713
D had unsuccessfully prosecuted C for exercising the faculty of a badger (ie the right to deal in corn) without a licence. C successfully sued D for malicious prosecution and recovered damages equal to his costs of andpound;100 expended in the . .
Cited – Savile v Roberts 1792
D had maliciously caused C to be indicted for riot. Following his acquittal C sued D for malicious prosecution. The court affirmed the judgment which had been given for C.
Held: It was irrelevant that D had not been part of a conspiracy. An . .
Cited – Savile v Roberts 1795
Case for causing and maliciously procuring the plaintiff to be indicted for a riot. It was held by Holt, Chief Justice, it is not sufficient that the plaintiff prove he was innocent but he must prove express malice in the defendant; he likewise . .
Cited – Hicks v Faulkner 1878
Before charging a prisoner, a police officer must have ‘an honest belief in the guilt of the accused based upon a full conviction, founded upon reasonable grounds, of the existence of a state of circumstances, which, assuming them to be true, would . .
Cited – Quartz Hill Consolidated Gold Mining Co v Eyre CA 1883
The court considered whether an action lay without proof of special damage for maliciously presenting a winding up petition.
Held: There was. Though there was no general cause of action for maliciously bringing civil proceedings without . .
Cited – Brown v Hawkes CA 1891
The court considered the issue of malice as an element of malicious prosecution. It is a matter to be proved by the plaintiff or the case may be withdrawn, but in a proper case it may be inferred from want of reasonable and probable cause although . .
Cited – Wiffen v Bailey and Romford Urban District Council CA 1915
Non-compliance with a Public Health Act 1875 notice did not necessarily and naturally involve damage to the defendant’s fair name.
Buckley LJ summarised the effect of the Quartz Hill case: ‘So the exception of civil proceedings, so far as they . .
Cited – Herniman v Smith HL 1938
The court considered the tort of malicious prosecution.
Held: It is the duty of a prosecutor to find out not whether there is a possible defence, but whether there is a reasonable and probable cause for prosecution. The House approved the . .
Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Cited – Berry v British Transport Commission QBD 1961
Although in civil cases extra costs incurred in excess of the sum allowed on taxation could not be recovered as damages, the Court was not compelled to extend that rule (based as it is on a somewhat dubious presumption) to criminal proceedings in . .
Cited – Glinski v McIver HL 1962
The court considered the tort of malicious prosecution when committed by a police officer, saying ‘But these cases must be carefully watched so as to see that there really is some evidence from his conduct that he knew it was a groundless charge.’ . .
Cited – Dallison v Caffery CACD 1965
It is for the detaining authority to justify all periods of detention.
The court described the common law duty on a prosecutor to disclose material. Lord Denning MR said: ‘The duty of a prosecuting counsel or solicitor, as I have always . .
Cited – Holgate-Mohammed v Duke HL 1984
A police officer had purported to arrest the plaintiff under the 1967 Act, suspecting her of theft. After interview she was released several hours later without charge. She sought damages alleging wrongful arrest. The judge had found that he had . .
Cited – Proulx v Quebec (Attorney General) 18-Oct-2001
SCC Supreme Court of Canada – Civil liability – Malicious prosecution – Regime of immunity and extra-contractual civil liability applicable in Quebec law to Attorney General of Quebec and prosecutors — Whether . .
Cited – Gujra, Regina (on The Application of) v Crown Prosecution Service SC 14-Nov-2012
The appellant had twice begun private prosecutions only to have them taken over by the CPS and discontinued. He complained that a change in their policy on such interventions interfered with his statutory and constitutional right to bring such a . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 11 November 2021; Ref: scu.536385