John Goss successful for Essex Police in malicious prosecution jury trial

John Goss acted for Essex Police in a six-day civil jury trial of Melvyn Pilgrim’s claims for false imprisonment and malicious prosecution arising out of his arrest in May 2019, and his subsequent prosecution and acquittal for assaulting an emergency worker. That arrest took place in the context of the Claimant having already been arrested for a domestic assault on his ex-wife. Three police officers gave evidence for Essex Police as to the circumstances in which the Claimant had been arrested and charged.

At the end of the evidence, John applied for the case against Essex Police to be withdrawn from the jury. HHJ Duddridge determined that there was insufficient evidence for the jury to conclude that any Essex Police officer had prosecuted the Claimant. Instead, it had been an independent decision by the CPS, who had not only the officers’ accounts but also body worn video, the Claimant’s prepared statement admitting unintentional contact, and a no comment interview. The judge also observed that there was only the weakest and most circumstantial evidence of malice or lack of honest belief in the charge, and that the weight of the evidence was strongly against malice or dishonesty being made out.

The false imprisonment claim, in unusual circumstances where the Claimant’s earlier arrest was not said to be unlawful, was also withdrawn from the jury on the basis that there was at all times lawful authority for the Claimant’s detention. A case based on an unreasonable prolongation of detention was not pleaded and it would have caused prejudice to Essex Police for the Claimant to be allowed to change his position at trial.

As well as dismissing the entire claim against Essex, the judge awarded the police their costs, with a substantial interim payment on account.

John, who was instructed by Weightmans LLP, is ranked as a Leading Junior (Band 2) for Police Law by both Legal 500 and Chambers UK, in which he is described as “brilliant” and “a great advocate“.  He acts for police forces and other public authorities in complex civil claims, including with juries, and in inquests, public inquiries, and judicial reviews.