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PRACTICE: Malice in wonderland

05 October 2016  

In the second of two articles, Ian McDonald and Daniel Cook conclude their consideration of malicious prosecution

On 20 July 2016, a nine-member panel of the Supreme Court handed down its judgment in Willers v Joyce [2016]. The panel decided by a 5:4 majority that a claim for malicious prosecution of civil proceedings is sustainable in English law. The leading judgment was given by Lord Toulson, with whom Lady Hale, Lord Kerr and Lord Wilson agreed. Lord Clarke delivered a concurring judgment, and dissenting judgments were given by Lords Neuberger, Mance, Sumption and Reed.

Additional Info

  • Case(s) Referenced:

    Bromage v Prosser (1825) 4 B&C 247

    Crawford Adjusters & ors v Sagicor General Insurance (Cayman) Ltd & anor [2013] UKPC 17

    Gregory v Portsmouth City Council [2000] UKHL 3

    Saville v Roberts [1698] 12 Mod Rep 208

    Willers v Joyce & anor (in substitution for and in their capacity as executors of Albert Gubay (deceased) [2016] UKSC 43