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29 July 2016
Issue: 7709 / Categories: Case law
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Malicious prosecution

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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.

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