Gregory v Portsmouth City Council
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Civil Division) |
| Judgment Date | 05 November 1997 |
| Date | 05 November 1997 |
Court of Appeal
Before Lord Justice Simon Brown, Lord Justice Schiemann and Lord Justice Robert Walker
Tort - malicious prosecution - limit to categories - disciplinary procedures of local authority not included
The tort of malicious prosecution probably did not extend beyond the already established categories of most but not all criminal proceedings and civil insolvency proceedings, and it definitely did not include disciplinary proceedings instituted by a local authority against one of its councillors.
The Court of Appeal so stated by a majority (Lord Justice Schiemann dissenting) dismissing an appeal by the plaintiff, Terence Raymond Gregory, from the decision of Mr Justice Tudor Evans dated May 27, 1993 striking out his claim for damages for malicious prosecution against the defendants, Portsmouth City Council.
In 1983 the plaintiff was elected a Conservative member of Portsmouth City Council. In 1988 the administrative subcommittee of the council's policy and resources committee investigated allegations that the plaintiff, among other councillors, had acted in breach of the previous National Code of Local Government Conduct (DoE Circular 94/75) (now annexed to DoE Circular 8/90 issued under section 31(1) of the Local Government and Housing Act 1989), including an allegation that the plaintiff and two other councillors had abused...
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- Gregory v Portsmouth City Council
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Gregory v Portsmouth City Council
...under Ord. 33, r. 3. On 5 November 1997 by a majority (Simon Brown and Walker L.JJ.) the Court of Appeal dismissed the appeal: Gregory v. Portsmouth City Council (1998) 96 L.G.R. 569. Schiemann L.J. dissented. Simon Brown L.J. gave the leading judgment. He pointed out that on existing autho......
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Crawford Adjusters (Cayman) Ltd v Sagicor General Insurance (Cayman) Ltd
...extension of the tort to civil proceedings. In this regard he cited observations made by Lord Steyn in Gregory v Portsmouth City Council [2000] 1 AC 419, pp 432–433, which I will address in para 36 below. (a) the prior proceedings had been determined in favour of Mr Paterson; (b) the allega......
