Rees and others v Commissioner of Police for the Metropolis

Malicious prosecution – Honest belief of defendant in plaintiff's guilt. The claimants succeeded in their appeal against the judge's decision, dismissing their claims against the defendant Metropolitan Police Commissioner for malicious prosecution and for misfeasance in public office. The Court of Appeal, Civil Division, held that a detective chief superintendent's belief that the claimants had been guilty of murder could not prevent the prosecution having been malicious, that he had knowingly put a case which he had known was significantly tainted by his own wrongdoing and that the claimants had established that they had been caused loss for the purposes of the torts.

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