Wayne Leighton v Chief Constable Of North Yorkshire Police
[2024] EWHC 2426 (KB)
Matadai Roopnarine v Attorney General of Trinidad and Tobago (Trinidad and Tobago)
27 July 2023
[2023] UKPC 30
Privy Council
Mr. Roopnarine was wrongly accused of a crime and spent time in jail. He sued, claiming malicious prosecution. He proved he was innocent, but didn't show the police lacked good reason to arrest him initially, so he lost his case.
Key Facts
- •Matadai Roopnarine was charged with conspiracy to forge documents related to bail for Gason Pierre in 2000.
- •He pleaded not guilty and spent seven months in remand before obtaining bail.
- •The charges were discontinued in 2008.
- •Roopnarine sued the Attorney General for malicious prosecution in 2011.
- •The High Court dismissed the claim, finding insufficient evidence of lack of reasonable and probable cause.
- •The Court of Appeal upheld the dismissal.
- •The Privy Council appeal focused on whether the lower courts erred in finding insufficient evidence.
Legal Principles
Elements of malicious prosecution: prosecution by defendant, ending in claimant's favour, lack of reasonable and probable cause, malice, and damage.
Stuart v Attorney General of Trinidad and Tobago [2022] UKPC 53
Reasonable and probable cause means an honest belief based on reasonable grounds that there is a proper case for court.
Glinski v McIver [1962] AC 726
Malice means an improper motive; may be inferred from lack of reasonable and probable cause.
Clerk & Lindsell on Torts, Williamson v Attorney General of Trinidad and Tobago [2014] UKPC 29
To prove lack of reasonable and probable cause, claimant must identify circumstances of prosecution and information used.
Clerk & Lindsell, Abrath v North Eastern Railway Co (1883) 11 QBD 440, Glinski v McIver [1962] AC 726
In a 'no case to answer' submission, defendant elects not to call evidence; judge decides on claimant's evidence.
Boyce v Wyatt Engineering [2001] EWCA Civ 692, Benham Ltd v Kythria Investments Ltd [2003] EWCA Civ 1794
Outcomes
Privy Council dismissed the appeal.
Appellant failed to provide evidence regarding the circumstances of the prosecution and the information the police acted upon, thus not establishing lack of reasonable and probable cause.
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