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 false imprisonment-Element 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
Court:
Supreme Court
Catchwords:
Year:
2016
Suit/Claim number:
2007 HCV 03684
Neutral Citation:
[2016] JMSC Civ. 78