Mosley v Associated Newspapers Limited

Mosley v Associated Newspapers Limited

Submission of a dossier to the Crown Prosecution Service, without resulting in institution of proceedings before a judicial authority, does not satisfy the 'prosecution' element of the tort of malicious prosecution. The claim is bound to fail as a matter of law.

Parties
Claimant: Max Mosley; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
22 December 2020
Procedural Posture
Civil / Application to Strike Out Claim
Outcome
Claim struck out
Legal Topics
Malicious Prosecution, Defamation, Abuse of Process
Tort Law Media Law Malicious Prosecution Defamation Abuse of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Max Mosley

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Civil / Application to Strike Out Claim

Legal Issues

  1. 1 Whether submission of a dossier to the Crown Prosecution Service amounts to 'prosecution' for the tort of malicious prosecution
  2. 2 Whether the claimant has a remedy for reputational harm caused by publication of articles

Ratio Decidendi

Submission of a dossier to the Crown Prosecution Service, without resulting in institution of proceedings before a judicial authority, does not satisfy the 'prosecution' element of the tort of malicious prosecution. The claim is bound to fail as a matter of law.

Court Disposition

Claim struck out

Orders

  • Defendant's application to strike out is granted
  • Claimant's claim for malicious prosecution is dismissed