BT v Crown Prosecution Service [1997] EWCA Civ 3000 (16 December 1997)

BT v Crown Prosecution Service [1997] EWCA Civ 3000 (16 December 1997)

There was no want of reasonable and probable cause for continuing the prosecution after committal, and no evidence of malice; negligence or breach of CPS Code alone cannot found a claim for malicious prosecution.

Citation
[1997] EWCA Civ 3000
Parties
Appellant/plaintiff: BT; Respondent/defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
16 December 1997
Procedural Posture
Civil Appeal / Appeal From Norwich County Court Decision Dismissing Claim for Damages for Malicious Prosecution
Outcome
Appeal dismissed
Legal Topics
Malicious Prosecution, Misfeasance in Public Office, Reasonable and Probable Cause, Malice, Negligence, Crown Prosecution Service Liability
Tort Law Criminal Law Civil Procedure Malicious Prosecution Misfeasance in Public Office Reasonable and Probable Cause Malice Negligence +1 more

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Parties

BT

Appellant/plaintiff

Crown Prosecution Service

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Norwich County Court Decision Dismissing Claim for Damages for Malicious Prosecution

Legal Issues

  1. 1 Whether the continuation of the prosecution after committal lacked reasonable and probable cause
  2. 2 Whether the prosecution was actuated by malice
  3. 3 Whether negligence or breach of CPS Code can found a claim for malicious prosecution

Ratio Decidendi

There was no want of reasonable and probable cause for continuing the prosecution after committal, and no evidence of malice; negligence or breach of CPS Code alone cannot found a claim for malicious prosecution.

Court Disposition

Appeal dismissed

Orders

  • Order nisi against the Legal Aid Fund with nil contribution
  • Legal aid taxation of appellant's costs