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Jennie Oborne (led by Alan Payne KC and Russell Fortt) appeared in a successful application for summary judgment. She acted for HMRC in respect of a claim for misfeasance in public office and malicious prosecution. The Claimant, a wealthy businessman, sued HMRC and the CPS following the collapse of the prosecution brought against him. He claimed losses amounting to £400m.
In granting summary judgment in favour of both defendants, Mr Justice Jay provided a useful overview of the constituent elements of both torts in the context of failures in complex investigations.
The claim is believed to be one of the largest claims for damages ever pursued against HMRC.
Jennie was instructed by Nishat Choudhury HMRC’s Solicitor’s Office and Legal Services.
Hughes v HMRC & CPS [2024] EWHC 1765 (KB) – Read the full judgment.
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