Hunt v AB

Hunt v AB

AB was not the prosecutor for the purposes of the tort of malicious prosecution. She did not initiate the complaint, did not desire or intend prosecution, and the police and CPS exercised independent judgment in bringing the prosecution. There was no evidence of manipulation or malice by AB sufficient to attribute prosecutorial responsibility to her. The authorities do not support extending liability to a key witness in these circumstances.

Parties
Claimant/appellant: Anthony Hunt; Defendant/respondent: AB
Jurisdiction
England and Wales
Judgment Date
22 October 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Malicious Prosecution, Role of Prosecutor, Liability of Witnesses, Prosecutorial Discretion
Tort Law Criminal Law Civil Procedure Malicious Prosecution Role of Prosecutor Liability of Witnesses Prosecutorial Discretion

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Parties

Anthony Hunt

Claimant/appellant

AB

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether the defendant (AB) can be regarded as the prosecutor for the purposes of the tort of malicious prosecution when the prosecution was brought by the police and CPS based on her evidence.
  2. 2 Whether the facts and authorities support the extension of liability for malicious prosecution to a key witness who did not initiate or desire the prosecution.

Ratio Decidendi

AB was not the prosecutor for the purposes of the tort of malicious prosecution. She did not initiate the complaint, did not desire or intend prosecution, and the police and CPS exercised independent judgment in bringing the prosecution. There was no evidence of manipulation or malice by AB sufficient to attribute prosecutorial responsibility to her. The authorities do not support extending liability to a key witness in these circumstances.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.