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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