Cases

Hunt v AB

Facts

H and AB had sex in 1995. Seven years later AB's friend reported this as a rape. Questioned, H asserted that AB had consented. AB was initially reluctant to give a statement but was persuaded by police to do so and to confirm her willingness to give evidence. H was charged, prosecuted and convicted, AB's evidence being the key evidence at his trial. H's conviction was later quashed on appeal due to misdirection and fresh evidence. After his release H brought a claim against AB for damages for malicious prosecution. Blake J directed the trial of a preliminary issue and having tried the issue held that AB was not the prosecutor and dismissed the claim. H appealed, contending that the judge had failed properly to apply binding House of Lords and Court of Appeal authority; had wrongly tried and determined the issue of AB's honesty without a Jury, without H's consent, and without hearing oral evidence.

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