Malicious Prosecution
If you have been charged with a crime that was not yours, malicious prosecution can be the result. Being falsely accused and framed for something one did not do is difficult enough but when this occurs because of deliberate wrongdoing on behalf of law enforcement officials it becomes even more challenging to deal with them in court.
Malicious prosecution experts
In some cases there has been a gross injustice and abuse of power and the victims may have suffered months of anxiety fearing a serious conviction, attending court multiple times and sometimes having to pursue their case to appeal before they are acquitted.
Malicious prosecution law
Civil Actions Against the Police Specialist Legal Advice
Claims for malicious prosecution require the claimant to prove that the police had no reason to pursue a prosecution. The outcome of any court case must also have been in favour of the defendant; for example that the case was dismissed or the defendant was found not guilty.
It is also necessary to show that the police pursued a prosecution which was not in the interests of justice.
In cases of malicious prosecution, it is often necessary to show that any evidence the police produced was manufactured – or that a police witness gave incorrect evidence or committed perjury (lied under oath in a court of law).
In malicious prosecution claims, a high standard of evidence is needed and it is also necessary to establish a motive for the malicious prosecution. We will build a case meticulously for the purposes of making a claim for malicious prosecution.
It is possible to claim for damage to reputation and any earnings lost as a result of malicious prosecution, as well as claiming compensation for any breaches of human rights, including the deprivation of liberty.
What are the elements of malicious prosecution?
To claim for malicious prosecution, a person must have had legal proceedings brought against them as the result of malice on the part of members of the police force or another prosecuting authority. Malicious prosecution could also be argued if proceedings were continued for this reason, despite it being clear that the suspect or defendant was innocent of the wrongdoing in question.
Anyone who has been acquitted of the crime in question, or has had the relevant case against them dropped, may make a malicious prosecution claim – as long as they are able to prove that the prosecuting authority acted with malice in bringing said case against them.
ABOUT FADIGA & CO
Advice on a full range
of public law matters
Our team of skilled public law solicitors has over twenty-five years of experience acting in ‘sensitive, high profile and politically inflected’ matters. We act for individuals (including senior professionals), companies or business groups who are looking to protect their interests across a range issues including charity work with pressure groups which can be difficult due it’s sensitivity level.
EXPERIENCED SOLUTIONS
We ensure you have a solution with the right
experience and approach to you.
ALWAYS LISTEN
Your solicitor will develop understanding of your
needs and the approach you want to take.
ALWAYS CLEAR
We will provide a detailed cost estimate before you
agree to proceed with your case.
RIGHT APPROACH
We will identify the best way to achieve your goals
that are realistic and attainable.
EXCEPTIONAL CARE
We deliver on our promises and celebrate our
successes, we are friendly and caring.
"Winning isn't Everything it's the only thing"
Ready to talk?
Contact us now concerning your case and discover why our clients so often recommend us as one of the leading teams of solicitors in London.
