CXZ v ZXC

CXZ v ZXC

The Claimant was not prosecuted for the purposes of the tort of malicious prosecution because no criminal charge was brought against him and no proceedings were instituted before a judicial authority. The steps taken by the police, including a voluntary interview under caution and investigation, did not amount to setting the law in motion by an appeal to a judicial authority. Therefore, the first essential element of the tort was not met, and the claim was bound to fail.

Parties
Claimant: CXZ; Defendant: ZXC
Jurisdiction
England and Wales
Judgment Date
26 June 2020
Procedural Posture
Civil / Application to Strike Out Claim or for Summary Judgment
Outcome
Claim struck out; summary judgment for Defendant; no order on Claimant's application for relief from sanctions
Legal Topics
Malicious Prosecution, Summary Judgment, Strike Out Applications, False Allegations
Tort Law Malicious Prosecution Summary Judgment Strike Out Applications False Allegations

Case Brief

Summary, issues, holding and outcome

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Parties

CXZ

Claimant

ZXC

Defendant

Procedural Posture

Civil / Application to Strike Out Claim or for Summary Judgment

Legal Issues

  1. 1 Whether the facts pleaded by the Claimant amount to a 'prosecution' for the purposes of the tort of malicious prosecution
  2. 2 Whether the claim should be struck out or summary judgment entered for the Defendant

Ratio Decidendi

The Claimant was not prosecuted for the purposes of the tort of malicious prosecution because no criminal charge was brought against him and no proceedings were instituted before a judicial authority. The steps taken by the police, including a voluntary interview under caution and investigation, did not amount to setting the law in motion by an appeal to a judicial authority. Therefore, the first essential element of the tort was not met, and the claim was bound to fail.

Court Disposition

Claim struck out; summary judgment for Defendant; no order on Claimant's application for relief from sanctions

Orders

  • The claim is struck out.
  • Summary judgment is entered for the Defendant.