Max Mosley’s legal action against the publisher of the Daily Mail for sending prosecutors a dossier that suggested he lied on oath has been thrown out by a high court judge. The former Formula One boss claimed Associated Newspapers had “cynically and maliciously” reported “bogus concerns” to the Crown Prosecution Service that he may have committed perjury at the trial of his privacy claim against the now-defunct News of the World more than a decade ago. Mosley, 80, said the Daily Mail “set the law in motion against him to further its own regulatory and commercial objectives and not to achieve any proper purpose” and sued for damages for malicious prosecution. But the publisher applied to strike out Mosley’s case, arguing that since no “prosecution” had taken place Mosley had no claim against the Mail. In a ruling on Tuesday, Mr Justice Nicklin struck out Mosley’s claim, saying: “The claimant’s pleaded claim discloses no reasonable grounds for bringing his claim for malicious prosecution.” In February 2018, the Daily Mail unearthed an election pamphlet supporting Walter Hesketh, a candidate for Sir Oswald Mosley’s far-right Union Movement, in a 1961 byelection. The leaflet, which stated it was “published by Max Mosley”, Hesketh’s election agent, linked non-white immigrants with diseases such as tuberculosis, VD and leprosy, and said that “coloured immigration threatens your children’s health”. The newspaper suggested the pamphlet, which it described as “arguably one of the most racist official leaflets ever published in a modern British parliamentary election”, raised questions over whether Mosley “lied at his orgy privacy trial”. Mosley successfully sued the publisher of the News of the World more than a decade ago, after the newspaper wrongly reported he had attended a “Nazi-themed” sex party. At the trial in 2008, Mosley described suggestions that “leaflets were put out alleging coloured immigrants brought leprosy, syphilis and TB” in the 1961 campaign as “absolute nonsense”. The Daily Mail claimed the leaflet “raises the question of whether Mr Mosley committed perjury” during his privacy case against the News of the World. The newspaper also passed documents, including a copy of the leaflet and a transcript of Mosley’s evidence, to the CPS, which in turn passed the material on to the police. The Metropolitan police later decided not to launch a criminal investigation, the court heard.
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