Striking out a statement of claim and refusing leave to amend does not of itself put an end to proceedings; a separate order dismissing the proceedings is required, and generally should only be made on application or after clear advance notice. In malicious prosecution, the question of whether a defendant was the prosecutor is not conclusively answered by the fact that police exercised an independent discretion to prosecute, where it is arguable that the defendant provided incomplete or misleading information to the police. The test for lack of reasonable and probable cause requires consideration of whether the prosecutor actually and bona fide held a belief that grounds existed, not merely whether such a belief, if held, would have been reasonable.
The full text is available to signed-in members, including the 1 later case that cites this judgment.