![QB-2020-004171 - [2025] EWHC 2773 (KB)](https://backend.juristeca.com/files/emisores/logo_AJKZXmE.png){kind=logo}
QB-2020-004171 - [2025] EWHC 2773 (KB)
Fecha: 27-Oct-2025
Heading
Royal Courts of Justice
Strand, London, WC2A 2LL
Before :
MR JUSTICE FREEDMAN
Between :
JULES WHITEWAY WILKINSON | First Claimant |
- and – ROSIE WHITEWAY WILKINSON - and – | Second Claimant |
LONDON FIELDS BREWERY (A Firm) | Third Claimant |
- and –
THE COMMISSIONERS FOR HIS MAJESTY’S
REVENUE AND CUSTOMS
Defendant
Mr Nicholas Bowen KC and Mr David Lemer (instructed by Trowers & Hamlins LLP) for the Claimants
Mr Alan Payne KC and Mr Alex Ustych (instructed by General Counsel and Solicitor to HM Revenue & Customs) for the Defendant
Hearing dates: 5-6 and 9 June 2025
Judgment handed down in draft: 19 September 2025
Approved Judgment
This judgment was handed down remotely at 12noon on Monday 27 October 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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- Heading
- MR JUSTICE FREEDMAN
- II Summary of facts
- III The search warrant, refusal of Fourth Application and C1’s arrest
- IV The criminal proceedings
- V Other matters
- VI Summary judgment/strike out: procedural law
- VII Malicious prosecution: the law
- VIII Malicious prosecution: applying the law as to who is the prosecutor to the facts
- IX Reasonable and probable cause: the law
- X Reasonable and probable cause: applying the law to the facts
- XI Malice: the law
- XII Malice – applying the law to the facts
- XIV The tort of malicious procurement of a search warrant: the law
- XIV Malicious procurement of a warrant: the respective cases
- XV Malicious procurement of a warrant: applying the law to the facts
- XVI The tort of misfeasance in public office: the law
- XVII The First Misfeasance Claim based on procurement of search warrant
- XVIII The Second Misfeasance Claim based on the brewing licence applications
- XIX The claims in negligence
- XX Negligence: the law
- XXI Negligence: a pplying the law to the facts
- XXII Limitation
- XXIII The assignment
- Conclusions