header-logo header-logo

01 August 2014
Issue: 7617 / Categories: Case law , Law digest , In Court
printer mail-detail

Immunity from suit

Crawford v Jenkins [2014] EWCA Civ 1035, [2014] All ER (D) 241 (Jul)

The parties were involved in an acrimonious sequence of litigation arising from the breakdown of their marriage. The defendant made statements to the police orally and, subsequently, in writing. The claimant was arrested for breaches of orders made in the matrimonial proceedings and detained for just over four hours. The Crown Prosecution Service decided that no further action should be taken. The claimant issued proceedings against the defendant for false imprisonment and harassment, under the Protection from Harassment Act 1997. The defendant relied on the witness immunity rule in both respects as to her complaint to the police. The court ruled that if proceedings were commenced and, if the events complained of had either led to those proceedings or occurred in the course of the proceedings, so that the court process was abused, then it was appropriate for the tort of malicious prosecution or a related tort based on malicious abuse of the process of court to be available so as to afford

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll