header-logo header-logo

29 July 2016
Issue: 7709 / Categories: Case law
printer mail-detail

Malicious prosecution

Willers v Joyce and another (in substitution for and in their capacity as executors of Albert Gubay (Deceased)) (No 1) [2016] UKSC 43, [2016] All ER (D) 97 (Jul)

The Supreme Court allowed an appeal against strike out on the ground of no cause of action of the appellant’s claim for malicious prosecution in respect of civil proceedings that had been brought against him allegedly at the respondent’s instigation and discontinued shortly before trial. The court confirmed that the tort of malicious prosecution included the prosecution of civil proceedings. Simple justice dictated that the appellant’s claim should be sustainable in English law and the entirety of his claim would be allowed to proceed to trial.

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll