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 CPS made an independent decision to prosecute Mr Coghlan based on evidence provided by the police; there is no basis in law or fact to treat Greater Manchester Police or the NCA as prosecutors. The claim against them discloses no reasonable grounds and is struck out. Summary judgment is granted in favour of all defendants as the claimant has no real prospect of success.

Citation
[2018] EWHC 34 (QB)
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 Greater Manchester Police and NCA; summary judgment granted for all defendants.
Legal Topics
Malicious Prosecution, False Imprisonment, Misfeasance in Public Office, Disclosure Obligations, Police Liability
Tort Criminal Procedure Civil Procedure Malicious Prosecution False Imprisonment Misfeasance in Public Office Disclosure Obligations Police Liability

Case Brief

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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 the NCA
  3. 3 Whether summary judgment should be granted against the claimant

Ratio Decidendi

The CPS made an independent decision to prosecute Mr Coghlan based on evidence provided by the police; there is no basis in law or fact to treat Greater Manchester Police or the NCA as prosecutors. The claim against them discloses no reasonable grounds and is struck out. Summary judgment is granted in favour of all defendants as the claimant has no real prospect of success.

Court Disposition

Claim struck out against Greater Manchester Police and NCA; summary judgment granted for all defendants.

Orders

  • Claims against Second and Third Defendants struck out under r.3.4(2)(a) Civil Procedure Rules 1998.
  • Summary judgment granted for all defendants under r.24.2 Civil Procedure Rules 1998.