||All England Reporter
|| All ER (D) 142 (Nov)
||Court of Appeal, Civil Division
Simon Brown, May and Clarke LJJ
||Dominic Happé (instructed by the Bar Pro Bono Unit) for the claimant.
||Peter Griffiths (instructed by Louise Round) for the authority.
||11 November 2002
Tort - Malicious prosecution - Ingredients of tort - Favourable determination of earlier proceedings - Annulment of bankruptcy proceedings - Defendant supporting creditor - Real possibility of succeeding in claim
It was not possible to bring an action alleging that the tort of malicious prosecution was committed by a supporting creditor to a bankruptcy petition especially where that creditor had not been substituted for the petitioning creditor. It was settled law that the ambit of the tort of malicious prosecution should not be enlarged.
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