Rudall v Crown Prosecution Service and Another

Queen's Bench Division, [2018] EWHC 3287 (QB), Mrs Justice Lambert, 11, 12, 13, 16, 17, 18, 19, 20, 23 July, 10 October 2018; 30 November 2018

Malicious prosecution - Reasonable and probable cause - Malice - CPS - Duties of prosecutor - Delay - Prolonged investigation

The claimant brought proceedings against the Crown Prosecution Service (CPS) and South Wales Police (SWP), who were responsible for investigating and prosecuting him in two failed trials in 2004 and 2010. The claim was based on three pleaded causes of action: (i) malicious prosecution; (ii) misfeasance in public office; and (iii) breach of section 6 of the Human Rights Act 1998. In an earlier hearing, the claim was struck out in respect of the 2004 prosecution and therefore proceeded to trial only in respect of the 2010 prosecution. At trial, the claimant discontinued his claim against the SWP but continued his claim against the CPS.