Coghlan v Chief Constable of Cheshire Police & Ors [2018] EWHC 34 (QB) (17 January 2018)

Coghlan v Chief Constable of Cheshire Police & Ors [2018] EWHC 34 (QB) (17 January 2018)

The claim against Greater Manchester Police and the NCA was struck out as disclosing no reasonable grounds for malicious prosecution, as neither could be regarded in law as the prosecutor. Summary judgment was granted in favour of all defendants, as the CPS made an independent charging decision and there was no evidence that any defendant overbore or manipulated the CPS's discretion.

Citation
[2018] EWHC 34
Parties
Claimant: Arran Charlton Coghlan; First Defendant: Chief Constable of Cheshire Police; Second Defendant: Chief Constable of Greater Manchester Police; Third Defendant: Director General of the National Crime Agency
Jurisdiction
England and Wales
Judgment Date
17 January 2018
Procedural Posture
Civil Claim for Malicious Prosecution / Strike Out and Summary Judgment Applications
Outcome
Claim struck out against Second and Third Defendants; summary judgment granted for all Defendants.
Legal Topics
Malicious Prosecution, False Imprisonment, Misfeasance in Public Office, Disclosure Obligations, Police Liability, Human Rights Act (abandoned)
Tort Criminal Procedure Civil Procedure Malicious Prosecution False Imprisonment Misfeasance in Public Office Disclosure Obligations Police Liability +1 more

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Parties

Arran Charlton Coghlan

Claimant

Chief Constable of Cheshire Police

First Defendant

Chief Constable of Greater Manchester Police

Second Defendant

Director General of the National Crime Agency

Third Defendant

Procedural Posture

Civil Claim for Malicious Prosecution / Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether any defendant other than the CPS can be regarded as the prosecutor for the purposes of malicious prosecution
  2. 2 Whether the claim discloses reasonable grounds against Greater Manchester Police and NCA
  3. 3 Whether summary judgment should be granted against all defendants

Ratio Decidendi

The claim against Greater Manchester Police and the NCA was struck out as disclosing no reasonable grounds for malicious prosecution, as neither could be regarded in law as the prosecutor. Summary judgment was granted in favour of all defendants, as the CPS made an independent charging decision and there was no evidence that any defendant overbore or manipulated the CPS's discretion.

Court Disposition

Claim struck out against Second and Third Defendants; summary judgment granted for all Defendants.

Orders

  • Claims against Greater Manchester Police and NCA struck out under r.3.4(2)(a)
  • Summary judgment granted for all Defendants under r.24.2