King's / Queen's Bench Division of the High Court
KB-2024-000763 - [2025] EWHC 2791 (KB)
Fecha: 30-Oct-2025
INITIAL POLICE DECISION
INITIAL POLICE DECISION
Following arrest and interview of the half-brother, on suspicion of assault occasioning bodily harm, and gathering of limited evidence (including house to house visits which revealed nothing), the police decided to take no further action as they considered there was no realistic prospect of conviction. Police documents in the hearing bundle included records of a site visit that was undertaken to identify any CCTV or witnesses but there was a nil return. The police concluded that there was insufficient evidence to refer the file to the Crown Prosecution Service (“CPS”).
- Heading
- BACKGROUND
- INITIAL POLICE DECISION
- REVIEW OF INITIAL DECISION
- COMPLAINT TO PROFESSIONAL STANDARDS UNIT (“PSU”)
- JUDICIAL REVIEW
- THIS CIVIL CLAIM
- THE LEGAL TESTS ON SUMMARY JUDGMENT AND ON STRIKE OUT
- OVERLAP BETWEEN SUMMARY JUDGMENT AND STRIKE-OUT APPLICATIONS & RELEVANT CASE LAW
- THE DEFENDANT’S APPLICATION
- Paragraphs 31 (Breach of Duty) and 32 (Breach of Statutory Duty)
- Paragraph 34 (Negligent Mis-statement) and Paragraph 35 (Negligent Mis-Statement)
- Paragraph 37 (Breach of Contract)
- Paragraphs 41, 42 and 43 (Malfeasance, Misfeasance and Nonfeasance)
- NO REASONABLE GROUNDS/MISCONCEIVED
- Paragraph 33 (Due process)
- Paragraph 36 (Professional negligence)
- Paragraph 38 (Breach of duty of care)
- NO REAL PROSPECT OF SUCCESS
- Paragraphs 44 - 46 (Human Rights Act claims)
- Conclusions