NXB v Crown Prosecution Service

Damages – Personal injury. The claimant made claims of historic sexual abuse and the Crown Prosecution Service (the CPS) brought a prosecution. On the day of the trial however, the case was withdrawn by the CPS. The claimant brought a claim against the CPS for the withdrawal of the case and for damages under s 6 of the Human Rights Act 1998 for breaches of the positive obligation that arose under art 3 of the European Convention on Human Rights that no one was to be subjected to torture or to inhuman or degrading treatment or punishment. The Queen's Bench Division dismissed the claim, as the evidence had not met the public law test for impugning a decision not to prosecute.

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