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Catch them if you can

08 January 2020 / Kathryn Garbett , Mehmet Karagoz
Issue: 7869 / Categories: Features
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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
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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