England and Wales Case Law

Alex Kenneth Snowball v Chief Constable of Thames Valley & Ors

Claims for breach of duty to investigate crime, malicious prosecution, abuse of process, property torts, breach of fiduciary duty, data protection, Equality Act, Human Rights Act, intentional and negligent infliction of emotional distress, conspiracy, and claims for company losses are struck out as legally unrecognisable, statute-barred, incoherent, or barred by res judicata, issue estoppel, or reflective loss. Claims for assault and harassment against Thames Valley Police survive strike-out but require amendment and clarification. All other claims against remaining defendants are struck out…

Source excerpt

• Harassment
• Assault
• False imprisonment
• Misfeasance in public office
• Malicious prosecution
• Abuse of process

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Khan v Chief Constable of Devon & Cornwall Police

Khan v Chief Constable of Devon & Cornwall Police [2025] EWHC 3258 (KB) (10 December 2025)

The High Court refused a pre-action application to preserve and inspect police-held exhibits, finding no real risk of destruction or concealment of evidence.

• Pre-action disclosure
• Preservation of evidence
• Interim remedies
• Malicious prosecution
• Misfeasance in public office
• Pre-action-disclosure

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Hakan Tuyunuklu v The Commissioner of Police for the Metropolis

Claims for negligence, breach of Article 6 ECHR, malicious prosecution, and misfeasance in public office were struck out as disclosing no reasonable grounds, not properly pleaded, or not legally maintainable. The statements of case were struck out for failing to comply with CPR 16.4(1)(a), but the Claimant was permitted to file substituted Particulars of Claim.

Source excerpt

• Negligence
• Misfeasance in public office
• Malicious prosecution
• Article 6 echr
• Strike out applications

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Richard Hughes v HMRC & Anor

The Claimant had no real prospect of establishing either malicious prosecution or misfeasance in public office, as the CPS had reasonable and probable cause and no evidence of malice or bad faith was shown. The assignment of claims from ZCL and ZRL was void and unenforceable.

Source excerpt

• Malicious prosecution
• Misfeasance in public office
• Summary judgment
• Assignment of claims

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White v The Chief Constable of Kent Police

White v The Chief Constable of Kent Police [2025] EWCC 68 (28 November 2025)

Civil claim over a police-assisted eviction failed except for nominal false imprisonment damages. The court upheld the lawfulness of force used, arrest, and prosecution.

• Assault and battery
• False imprisonment
• Malicious prosecution
• Lawful use of force
• Eviction procedures
• Police powers

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Keyser Khan v Chief Constable of Devon & Cornwall Police

The Claimant failed to establish a real, rather than fanciful, risk that evidence would be destroyed, concealed, or tampered with by the Defendant or its officers. The Defendant provided credible assurances of preservation. Pre-action interim relief is exceptional and not justified absent imminent proceedings and clear risk. The application is misconceived and refused.

Source excerpt

• Pre-action interim relief
• Preservation of evidence
• Disclosure
• Malicious prosecution
• Misfeasance in public office

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Jules Whiteway Wilkinson & Ors v The Commissioners for HMRC

The High Court granted summary judgment for HMRC, rejecting claims for malicious prosecution, search-warrant misconduct, misfeasance in public office, and negligence.

• Malicious prosecution
• Misfeasance in public office
• Malicious procurement of search warrant
• Negligence
• Duty of care
• Limitation

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Breeze & Anor v Chief Constable of Norfolk Constabulary

Breeze & Anor v Chief Constable of Norfolk Constabulary [2025] EWHC 2684 (KB) (17 October 2025)

High Court judgment on claims for malicious prosecution and misfeasance in public office arising from the Cawston Park fraud prosecution.

• Malicious prosecution
• Misfeasance in public office
• Police liability
• Prosecutorial independence
• Reasonable and probable cause
• Malice

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Andrew Breeze & Anor v Chief Constable of Norfolk Constabulary

High Court claim for malicious prosecution and misfeasance in public office arising from a failed fraud prosecution against two care-home executives.

• Malicious prosecution
• Misfeasance in public office
• Abuse of process
• Police investigations
• Prosecutorial discretion
• Malicious-prosecution

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Yamba v Bw Legal Services Ltd

Yamba v Bw Legal Services Ltd [2025] EWCA Civ 1299 (13 October 2025)

The Court of Appeal dismissed BW Legal's appeal against case management orders allowing Mr Yamba to replead a harassment claim before the substantive appeal.

• Harassment
• Malicious prosecution
• Abuse of process
• Case management
• Pleadings
• Strike out applications

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