Source: All England Reporter
Publisher Citation: [2002] All ER (D) 142 (Nov)
Court: Court of Appeal, Civil Division

Simon Brown, May and Clarke LJJ

Representation Dominic Happé (instructed by the Bar Pro Bono Unit) for the claimant.
  Peter Griffiths (instructed by Louise Round) for the authority.
Judgment Dates: 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

The Case

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.

Practice Areas

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