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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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NEWS
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
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