header-logo header-logo

23 September 2016
Issue: 7715 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

Civil way: 23 September 2016

Seeing off malicious claims; Triumph for QBD Masters; & Court of Appeal: keep out

Brand new threatener

“On the instructions I have received, your claim against my client now proceeding in the County Court at Macclesfield lacks reasonable and probable cause and you have no bona fide reason for making it. My instructions are that the claim has already caused him injury to his health and financial loss and the longer the claim is allowed to continue, the greater that loss will be. I have advised my client that in commencing and persisting with the claim you have committed the tort of malicious prosecution and in that connection I draw your attention to the majority judgments of the Supreme Court in Willers v Joyce and another [2016] EWHC 1315, [2016] All ER (D) 97 (Jul).

I hereby give you notice that unless within seven days of the date of receipt of this letter and in accordance with r 38.3 of the Civil Procedure Rules 1998, you discontinue the claim and serve me on behalf of my client

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll