In this proceeding in the Supreme Court, 3 defendants are represented by the State Solicitors Office and 1 defendant by a private law firm.
The claim of Malicious Prosecution is against a Police Sergeant (4th Defendant) and the initial complainant that instigated the prosecution (Fifth Defendant).
The Fifth Defendant has submitted a strike out application citing: The Plaintiff’s claims of malicious prosecution as against the Fourth and Fifth Defendants are incompatible. Should the Plaintiff seek to press his claim of malicious prosecution against the Fourth Defendant, the Fifth Defendant ought to be removed from the action.
Are there any legal precedents and tests regarding the issue of malicious prosecution claim against both the Police and the [false] Witness?
The claim of Malicious Prosecution is against a Police Sergeant (4th Defendant) and the initial complainant that instigated the prosecution (Fifth Defendant).
The Fifth Defendant has submitted a strike out application citing: The Plaintiff’s claims of malicious prosecution as against the Fourth and Fifth Defendants are incompatible. Should the Plaintiff seek to press his claim of malicious prosecution against the Fourth Defendant, the Fifth Defendant ought to be removed from the action.
Are there any legal precedents and tests regarding the issue of malicious prosecution claim against both the Police and the [false] Witness?
