End of criminal case did not establish malicious prosecution

Mark Lewis’ civil claim failed even though the criminal charge against him had ended in his favour. In a 20 March judgment, the Supreme Court found that the remaining requirements of malicious prosecution had not been proved.

The court accepted the investigating officer’s evidence that reports and enquiries supplied reasonable and probable cause to put the case before a court. It distinguished that assessment from proof of guilt and found no demonstrated malice. The favourable end of the prosecution therefore supplied only part of the required civil case.

The judge also refused to leave default judgments against two eyewitness defendants in place. Their position was inseparable from the claims tried against the other defendants, and the court applied the rule governing defaults in such multi-defendant proceedings rather than treating non-response as an automatic damages award.

The false-imprisonment claim and requests for damages were also refused, and judgment with costs went to the defendants. This civil ruling was not a criminal conviction and does not establish that every arrest followed by a discontinued prosecution is lawful.

The report is confined to the result and proved basis of this civil decision. It does not present the judgment’s account of contested allegations as a fresh criminal finding. Complete official judgment reviewed; subsequent appeals or treatment have not been checked.