Jonathan Kinnear QC Successfully Defends in Malicious Prosecution Claim

The High Court (Lambert J) today handed down a 51 page judgment in Rudall v Crown Prosecution Service. The CPS were represented by Jonathan Kinnear QC and Claire Palmer of 5 Essex Court, instructed by Alistair Tidball of the Government Legal Department.

Mr Rudall, formerly a solicitor in Swansea, had been prosecuted twice by the CPS following investigations by South Wales Police. Firstly, for perverting the course of justice, when he was acquitted by a jury and secondly, for money laundering offences, when the charges were dismissed before trial. As a result of his acquittals he brought claims for malicious prosecution, misfeasance in a public office and conspiracy to injure by unlawful means, alleging that CPS lawyers had no reasonable and probable cause for the prosecutions and that they had acted maliciously, seeking over £1 million in respect of loss of earnings, personal injury, exemplary and aggravated damages.

Following 4 years of preparation involving tens of thousands of pages of evidence and disclosure and a 3 week trial, Lambert J dismissed all the claims finding that the CPS lawyer had an honest and reasonable belief in the charges and rejecting the claim that the prosecutions had been motivated by malice.

Jonathan has dealt with a number of similar high value claims in the High Court over the last three years, including the litigation brought against the CPS by Aaron Coghlan, following his third acquittal for murder. His claim was struck out by the High Court (Yipp J) earlier this year. He has also been involved in a number of high value settlements.