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International - Damage claim from malicious prosecution

Willers v. Joyce and another
United Kingdom
20.07.2016
Tort
A person who suffers damage as a result of malicious prosecution of a civil suit against him is entitled to recover that damage
Principal issue in instant appeal is relating to prosecution of civil proceedings in tort of malicious prosecution. Instant appeal is from a decision striking out a claim brought by Mr Peter Willers against Mr Albert Gubay as disclosing no cause of action known to English law. Mr Willers was Mr Gubay’s right hand man for over 20 years until he was dismissed in the summer of 2009. Mr Willers was a director of Langstone Leisure Ltd. In 2010 Langstone sued Mr Willers for alleged breach of contractual and fiduciary duties in causing it to incur costs in pursuing the Aqua directors. Mr Willers defended the action, and issued a third party claim for an indemnity against Mr Gubay, on grounds that he had acted under Mr Gubay’s directions in the prosecution of the Aqua claim. It is Mr Willers’ case that, claim brought against him by Langstone was part of a campaign by Mr Gubay to do him harm. It is not disputed that they include all the necessary ingredients for a claim of malicious prosecution of civil proceedings, if such an action is sustainable in English law. 

Article referred: http://roundup.manupatra.in/asp/content.aspx?issue=77&icat=5&iid=#5791

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