5 Essex Court


30 Nov 18 Back to Listing

Claire Palmer successfully defends the Crown Prosecution Service in claim for significant damages

Philip Rudall, a solicitor, brought a claim for malicious prosecution, misfeasance in public office and conspiracy to injure against the Crown Prosecution Service and the Chief Constable of South Wales Police in respect of two prosecutions.  He sought in excess of £1m in damages.  In earlier interlocutory proceedings Mr Justice Phillips struck out significant elements of his claim and ruled that there was reasonable and probable cause in respect of the first prosecution and that those claims were out of time – see here

Mr Rudall contended in these proceedings that the police and the CPS were engaged in an improper operation designed to prevent him from practising as a solicitor and that he had been maliciously prosecuted.  

After a three week trial in the High Court sitting at Cardiff before Mrs Justice Lambert, the Court has today handed down judgment dismissing all of Mr Rudall’s claims. The Court held that there was reasonable and probable cause for both prosecutions and that the CPS lawyer had not been malicious, as alleged. Rather, the Judge found that the prosecutor conducted himself with honesty and integrity.

The Claimant had consented to the dismissal of his claim against South Wales Police (represented by Jason Beer QC and Georgina Wolfe) after hearing the Defendants’ opening submissions in July 2018.  Claire was led by Jonathan Kinnear QC.

Jason Beer QC, Georgina Wolfe and Claire Palmer specialise in civil claims arising from the operation of the criminal justice system.