Wilson & Ors v Department for Transport [2025] EWHC 1387 (KB)

Mr Justice Freedman has today handed down judgment dismissing claims brought by former directors / shareholders  and employees of Klarius Products Limited  (“Klarius”) for damages in excess of £12million for malicious prosecution and misfeasance in public office arising out of an abortive prosecution by the Department for Transport (“DfT”)  of the Claimants.

In 2019 the Claimants were prosecuted by DfT for fraudulent trading in connection with the manufacture and sale of catalytic converters. Significant disclosure issues arose shortly before trial, and ultimately the trial judge refused an application to adjourn to allow time for these to be resolved, resulting in the prosecution offering no evidence.

The essence of the Claimants’ claim was that DfT had prosecuted them in bad faith as a means of disposing of judicial review claims brought against DfT by Klarius’ competitors.

Mr Justice Freedman’s judgment is available here: Wilson & Ors v Department for Transport [2025] EWHC 1387 (KB)

Following a three-week trial, Freedman J dismissed the claims in their entirety, rejecting that the prosecution was brought for an improper purpose and holding that there was reasonable and probable cause right up until the point that the prosecution ceased – notwithstanding the disclosure issues that arose. Furthermore the judge largely rejected the Claimants’ case on quantum, holding that had liability been established damages would have been in the region of £1.2million.

Charlotte Ventham KC, Cicely Hayward, Peter Laverack, Ed Gross and Matthew Simpson appeared for the Department for Transport.