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08 January 2020 / Kathryn Garbett , Mehmet Karagoz
Issue: 7869 / Categories: Features
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Catch them if you can

13680
Malicious prosecution of civil claims—a difficult claim to pursue. Kathryn Garbett & Mehmet Karagoz report
  • The findings in Willers v Joyce & Nugent which considered a claim for malicious prosecution of a civil claim. The claim was unsuccessful and the decision shed light on the matters the court will consider in this type of claim.

In Willers v Joyce & Nugent ([2018] EWHC 3424 (Ch)) Mrs Justice Rose DBE (as she then was) considered Mr Willers’s claim for malicious prosecution of a civil claim against Mr Gubay. The claim was initially struck out on the grounds that there was no tort known to English law of malicious prosecution where the case which is alleged to have been maliciously brought was a civil action rather than a criminal prosecution (Willers v Gubay [2015] EWHC 1315 (Ch)). The judge who struck out the claim granted a ‘leapfrog’ certificate so the case could proceed directly to the Supreme Court. The Supreme Court held by a majority of five to four

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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