(1964) JELR 80271 (CA)    
Court of Appeal  ·  13 Apr 1964 ·  United Kingdom
Other Citations
[1965] 1 Q.B. 348
Lord Denning M.R. Danckwerts and Diplock L.JJ.
Core Terms Beta
detective constable caffery
miss phillips
probable cause
mr. jukes
millfields road
false imprisonment
police officer
malicious prosecution
private person
identification parade
magistrates’ court
mrs. stamp
police officers
reasonable cause
mr. blow
suspected felon
common ground
detective inspector hepworth
formal evidence of arrest
mr. blow’s office
police constable young
solicitor’s office
years of age
borough arms public-house
charge of the case
detailed rules of law
door of mr. blow
duty of a prosecuting counsel
evidence of these witnesses
fact pick
great deal
important information
issue of false imprisonment
issue of malicious prosecution
known fact
known facts of the case
law of william long
medium height
miss janet phillips
mr. niall macdermot
only respect
own room
particular person
private prosecutor
stolen property
thursday morning
time james

LORD DENNING M.R. (reading the lead judgment)

On Thursday, April 9, 1959, a sum of £173 was stolen from a solicitor’s office in Dunstable. A man named Dallison was arrested and charged with the offence. On Monday, May 11, 1959, at quarter sessions, counsel for the prosecution offered no evidence against Dallison. It was a case, he said, of mistaken identity. Accordingly Dallison was found not guilty and was discharged. The police officer in charge of the case was Detective Constable Caffery [the defendant]. Dallison now sues Detective Constable Caffery for false imprisonment and malicious prosecution. The judge dismissed the claim. On the issue of false imprisonment the judge ruled that Detective Constable Caffery had reasonable cause to suspect that Dallison had committed the crime and was therefore justified in arresting him. On the issue of malicious prosecution, the judge ruled that there was not a want of reasonable and probable cause for the prosecution: and the action therefore …

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