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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi, how would I go about bringing a claim for malicious prosecution

Customer Question

Hi, how would I go about bringing a claim for malicious prosecution against an individual? It was the police that carried out the prosecution, based on a victim/witness account. The case was dismissed at the end of the prosecutions case for a number of reasons. I am looking to represent myself. What would need to be proved? Do I apply to a county court?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

I was prosecuted by the police after an allegation of assault was made against me. The case was dismissed by the magistrates after the prosecution had put their case. The reasons were that the victim/witness and one other witness, were unreliable.

I am looking to represent myself and bring a claim of malicious prosecution on the individual who made the allegation to the police.

Thanks

Jo

Expert:  Jo C. replied 2 years ago.
Ok.
So what is the basis of a claim for malicious prosecution?
What is the malicious prosecution? Being acquitted at court is not sufficient.
Customer: replied 2 years ago.

Hi

I understand that being acquitted at court is not sufficient. You have not answered my initial questions? Please see below.

How would I go about bringing a claim for malicious prosecution against an individual? It was the police that carried out the prosecution, based on a victim/witness account. The case was dismissed at the end of the prosecutions case for a number of reasons. I am looking to represent myself. What would need to be proved? Do I apply to a county court?

Expert:  Jo C. replied 2 years ago.
I am really going to need the information I have asked for. I can't answer without it.
At the moment I cannot see any claim at all.
Customer: replied 2 years ago.

Hi

I think we are not understanding each other here.

If you could answer my initial questions, that would be good please.

How would I go about bringing a claim for malicious prosecution against an individual?

What would need to be proved?

Do I apply to a county court?

Thanks

Expert:  Jo C. replied 2 years ago.
1 you cannot do that. Claims for malicious prosecution are brought against CPS.
2 That the prosecution was brought upon no evidence and in bad faith. Its near impossible to bring because inefficiency can usually be shown but not bad faith. Its clear on the case law that negligence is not sufficient. An acquitted defendant cannot sue the police for a negligent investigation – Hill v. Chief Constable for West Yorkshire (1989) AC 53, nor the CPS for a negligent review of the evidence and prosecution – Elguzouli-Daf.
3 Yes, you sue for malicious prosecution. Its a tort rather than a crime.
In truth, its been consigned to a footnote in legal history now I'm afraid.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi

Yes, so what claim can I bring against the individual who made the allegation to the police in the first place? It is the individual I am looking to bring a claim against. A claim for making false allegations to the police, causing me stress and possible prosecution that could have had severe consequences on my career. Their allegation was untrue, it led me to be prosecuted. The case was dismissed because of the same individuals credibility and unreliability.

Thanks

I

Expert:  Jo C. replied 2 years ago.
It is very difficult to make somebody accountable for making false allegations in the UK.
There are offences of coures but those are for the Crown to prosecute.
You could sue for defamation. That will cost in excess of £10k and if this person has no money there is no point.
You can take out a private prosecution against them for perverting but then you have to prove that they made a false allegation rather than just one that was disbelieved. Also, CPS may take it over and drop it.
If its just one allegation then it doesn't amount to harassment I'm afraid.
Customer: replied 2 years ago.

Hi

I did understand from a solicitor recently and from doing research that a person can bring claim for malicious prosecution, so I am somewhat confused by your answers.

Sorry, but I have not found this at all helpful.

Expert:  Jo C. replied 2 years ago.
In that case, I will not be able to offer more information.
All the best.
Customer: replied 2 years ago.
Relist: Answer quality.
provide the service that I paid for which was to get clear answers to what i asked.
Expert:  Jo C. replied 2 years ago.

Opting out.

Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

I see the expert has opted out - what is your outstanding question please and I will try to help?

Expert:  Ash replied 2 years ago.
Actually I can see that you want to know how to bring a claim and I can answer that.

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not give you compesmation then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

Alex
Customer: replied 2 years ago.

Hi Alex


 


Thanks for your reply. Please clarify that the process you describe is suitable for a case where I want to sue an individual under the circumstances I have outlined at the start on here,being:


 



  • I was prosecuted by the police after an allegation of assault was made against me.

  • The case was dismissed by the magistrates after the prosecution had put their case. The reasons for dismissing the case were that the victim/witness and one other witness, were unreliable.


 


If I make an application to the County Court, what would I being suing for? Compensation or hurts & feelings? Is this the same as suing for malicious prosecution? Is it malicious allegation? As it was the CPS that prosecuted me, based on an allegation that was false in the first instance.


 


Thanks


Expert:  Ash replied 2 years ago.
The CPS did not know it was false. the CPS are only to blame where there is no evidence to even consider a prosecution, here it was just the witness was unreliable.

Therefore this is not the same as malicious prosecution. You are suing for a false complaint which is at its highest libel. Prosecutions fail all the time for various reasons including a witness not coming up to proof. But that does not generally mean you can sue,

But you wanted to know how to and I have described the process above.

Alex

Expert:  Ash replied 2 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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