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England and Wales decisions
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AB v Chief Constable of North Wales Police [2026] EWCC 11 (27 March 2026)
The court dismissed a false imprisonment and assault claim arising from an arrest for alleged malicious communications, finding the arrest lawful and the force reasonable.
The court dismissed a claim for false imprisonment and assault/battery, finding the arrest lawful, necessary, properly explained, and carried out with reasonable force.
The court found the mother had made false rape allegations against the father, perpetrated domestic abuse towards the children and father, exposed her daughter B to a serious safeguarding risk, harassed the family, and engaged in malicious communications. The children expressed clear wishes to remain with their father and not have direct contact with their mother. The court determined that the children's welfare required that they continue to live with their father, that only indirect contact with the mother be permitted, and that protective orders remain in place to ensure stability and prev…
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The judge was entitled to impose an immediate custodial sentence due to the seriousness of the malicious communications, and the approach to mitigation and guilty plea credit was consistent with applicable guidelines; there was no error in principle or manifest excess.
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Foster, R. v [2025] EWCA Crim 1185 (08 August 2025)
The Court of Appeal refused leave to appeal against a 13-month sentence for malicious communications, upholding immediate custody and the guilty plea discount.
Truksa, R. v [2025] EWCA Crim 833 (13 June 2025)
The Court of Appeal upheld a restraining order made after acquittal, finding the judge had clear evidence of an obsessive and threatening mindset and gave sufficient reasons.
The Defendant correctly applied the law in concluding that the Interested Party’s posts did not meet the threshold of grossly offensive communications under the Malicious Communications Act 1988 or Communications Act 2003, given the context of ongoing public debate and the protection of freedom of expression under Article 10 ECHR. Any further investigation or prosecution would have been an unjustified and disproportionate interference with the Interested Party’s rights.
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Watson, R (On the Application Of) v Campbell (Rev1) [2025] EWHC 954 (Admin) (16 April 2025)
The High Court dismissed a judicial review challenge to police inaction over social media posts about Brianna Ghey, holding the posts were not grossly offensive.
The judge was entitled to impose a restraining order on acquittal because the evidence demonstrated an obsessive mindset and real risk of further harassment; the reasons for the order were clearly stated.
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The Tribunal adjourned the appeal because it did not have sufficient information to make a proper evaluation of the factual position, particularly regarding the details of the appellant's conviction, the evidence underlying it, and the context of the alleged misconduct.
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