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07 July 2017 / James Goudkamp
Issue: 7753 / Categories: Features , Other practice areas
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A tort is born

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James Goudkamp offers a practical perspective on the tort of malicious prosecution of civil proceedings

  • The case of Willers v Joyce gave rise to a new tort, that of malicious prosecution of civil proceedings.

The law of torts periodically spawns a new cause of action. For example, Wilkinson v Downton [1897] 2 QB 57 established the tort of wilful infringement of personal safety. The Protection from Harassment Act 1997 created the tort of harassment.

Sometimes, tort law grows by absorbing a cause of action that was previously understood to pertain to another branch of the law. Thus, the action in breach of confidence, which was for centuries understood exclusively as a species of equitable wrongdoing, has been acknowledged, at least in cases that involve a breach of privacy as opposed to the divulgement of secret information, as a ‘tort’ (see, eg, Douglas v Hello! Ltd [2007] UKHL 21; [2008] 1 AC 1 [255] (Lord Nicholls)). The newest addition to the stable is the tort of malicious prosecution of civil proceedings. The Supreme Court

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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
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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