Thompson, Delroy v Attorney General and Taylor, Detective Douglas

Case Number: 
2007 HCV 03684
Neutral Citation: 
[2016] JMSC Civ. 78
Date of Delivery: 
18.03.2016

False imprisonment – Malicious prosecution – Whether claim against crown must be pursued against attorney general only – Defendant entitled to damages for false imprisonment only for the period of time held in custody before having been arraigned/brought before a court – Elements required to be proven in claim for damages for false imprisonment – Elements required to be proven in claim for damages for malicious prosecution – Proof of malice or absence of reasonable and probable cause for prosecution of claimant – Lack of reasonable and probable cause for arrest is not to be equated with lack of reasonable and probable cause for prosecution – Burden of proof of reasonable and probable cause for arrest rests on the claimant in claim for damages for false imprisonment – Burden of proof of lack of reasonable and probable cause for arrest or malice underlying prosecution rests on the claimant in claim for damages for malicious prosecution – Need to prove loss of earnings

Customer Service

customer complaints image