header-logo header-logo

12 January 2018 / Mehmet Karagoz , Kathryn Garbett
Issue: 7776 / Categories: Features , Procedure & practice
printer mail-detail

Shaping the tort of malicious prosecution of civil claims

nlj_7776_karagoz

Kathryn Garbett & Mehmet Karagoz discuss malicious prosecution of civil claims & analyse Willers v Joyce

  • Analyses the tests for malicious prosecution of civil claims.
  • Suggests updating professional guidance for solicitors and barristers on the issue to reflect existing guidelines re allegations of fraud.

Until relatively recently, a defendant that had successfully defended a maliciously advanced civil claim was prevented from bringing a claim for malicious prosecution against that claimant in respect of the damage caused. While it is right that, as a matter of policy, merely successfully defending a claim should not give rise to a claim for malicious prosecution against the claimant, it does not follow that a defendant should be left without redress where a claimant acts maliciously or proceeds on the basis of an illegitimate purpose.

Serious allegations of wrongdoing and fraud against individuals have an immediate and irreparable impact. Even if the defendant successfully defends the claim, or the claimant discontinues its claim, the genie has already left the bottle and the damage

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
back-to-top-scroll