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17 August 2016 / Dominic Regan
Categories: Opinion , Procedure & practice , Costs , CPR , Jackson
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Keeping it civil

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Dominic Regan reviews the litigation year so far

This has been a phenomenal 2016 for those involved in civil litigation. We have acquired a new tort, seen an old head expanded beyond belief and had more twists on the procedural front. And it is still only August.

Supreme work

The Supreme Court has been industrious. In Willers v Joyce [2016] UKSC 43, [2016] All ER (D) 97 (Jul) a full house of nine judges sat and decided, 5-4, that the tort of malicious prosecution includes the prosecution of civil proceedings. The claimant sought damages including the shortfall in costs he incurred after an action against him (alleged to have been motivated by malice), was discontinued at the last moment. The gap was a hefty £2.2m.The claim was leapfrogged to the Supreme Court.

The majority view was that the action was viable and should go to trial. The vociferous minority included Lords Sumption and Neuberger. The President stopped enumerating his grounds for rejecting the

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MOVERS & SHAKERS

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Sponsored by
WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

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Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

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