||All England Reporter
|| All ER (D) 379 (Mar)
||Queen's Bench Division
||John MacKenzie of Sheratte, Caleb & Co for the claimant.
||Jeremy Johnson (instructed by the Treasury Solicitor) for the Ministry of Defence.
||25 March 2002
Practice - Summary judgment - No real prospects of success - Striking out - No reasonable grounds for bringing claim - Claimant lance corporal in army - Claimant charged with assault - Claimant bringing action for malicious prosecution - Ministry of Defence applying for summary judgment or to strike out claim - Master refusing application - Whether master in error - CPR, 3.4(2)(a) and 24(a)(1).
In an action for malicious prosecution arising from the summary disposal of a charge of common assault against the claimant by his commanding officer, the claimant's arguments that the charge amounted to a criminal charge, and that the ministry was not immune from actions for malicious prosecution in respect of military criminal or disciplinary proceedings did not fail to meet the thresholds of no real prospect of success, and no reasonable justification in bringing the claim.
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