Hunt v AB [2009] EWCA Civ 1092 (22 October 2009)

Hunt v AB [2009] EWCA Civ 1092 (22 October 2009)

AB was not the prosecutor for the purposes of malicious prosecution because she neither initiated nor actively procured the prosecution; the police and CPS exercised independent judgment and responsibility for the prosecution. AB's role was limited to being a witness, and there was no evidence of deliberate manipulation or malice sufficient to make her liable as the prosecutor.

Citation
[2009] EWCA Civ 1092
Parties
Claimant/appellant: Anthony Hunt; Defendant/respondent: AB
Jurisdiction
England and Wales
Judgment Date
22 October 2009
Procedural Posture
Appeal From High Court (queen's Bench Division) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Malicious Prosecution, Role of Prosecutor, Public Policy, Witness Liability
Tort Law Criminal Law Civil Procedure Malicious Prosecution Role of Prosecutor Public Policy Witness Liability

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Parties

Anthony Hunt

Claimant/appellant

AB

Defendant/respondent

Procedural Posture

Appeal From High Court (queen's Bench Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether AB can be regarded as the prosecutor for the purposes of malicious prosecution
  2. 2 Whether the actions of AB amounted to instituting or continuing the prosecution
  3. 3 Application of Martin v Watson and Mahon v Rahn (No 2) to witness liability

Ratio Decidendi

AB was not the prosecutor for the purposes of malicious prosecution because she neither initiated nor actively procured the prosecution; the police and CPS exercised independent judgment and responsibility for the prosecution. AB's role was limited to being a witness, and there was no evidence of deliberate manipulation or malice sufficient to make her liable as the prosecutor.

Court Disposition

Appeal dismissed

Orders

  • Claim for malicious prosecution against AB dismissed
  • No order for retrial