Carson v Manweb Plc & Anor [2001] EWCA Civ 1286 (11 July 2001)

Carson v Manweb Plc & Anor [2001] EWCA Civ 1286 (11 July 2001)

The application to amend the pleadings to include trespass was refused as the claim was statute barred and did not arise from the same facts as the original claim. Mr Carson lacked standing to claim trespass for the She Club premises. The malicious prosecution claim against Manweb failed as Manweb was not the prosecutor and did not provide information solely within its knowledge. The misfeasance in public office claim against the police was properly struck out as it was unnecessary and not factually supported beyond other pleaded claims.

Citation
[2001] EWCA Civ 1286
Parties
Applicant: Roy Carson; First Respondent: Manweb Plc; Second Respondent: Chief Constable of Merseyside Police
Jurisdiction
England and Wales
Judgment Date
11 July 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal With Appeal to Follow If Granted
Outcome
Application for permission to appeal refused
Legal Topics
Trespass, Malicious Prosecution, Misfeasance in Public Office, Amendment of Pleadings, Limitation Periods
Tort Law Civil Procedure Trespass Malicious Prosecution Misfeasance in Public Office Amendment of Pleadings Limitation Periods

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Roy Carson

Applicant

Manweb Plc

First Respondent

Chief Constable of Merseyside Police

Second Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal With Appeal to Follow If Granted

Legal Issues

  1. 1 Whether permission should be granted to appeal the refusal to amend pleadings to include trespass claims
  2. 2 Whether the claim for malicious prosecution against Manweb should be struck out or allowed to proceed
  3. 3 Whether the claim for misfeasance in public office against the police should be struck out

Ratio Decidendi

The application to amend the pleadings to include trespass was refused as the claim was statute barred and did not arise from the same facts as the original claim. Mr Carson lacked standing to claim trespass for the She Club premises. The malicious prosecution claim against Manweb failed as Manweb was not the prosecutor and did not provide information solely within its knowledge. The misfeasance in public office claim against the police was properly struck out as it was unnecessary and not factually supported beyond other pleaded claims.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused against all parts of Mr Justice Alliott's order
  • No amendment to include trespass claim allowed