New judgment: Willers v Joyce & Anor  UKSC 43
20 Wednesday Jul 2016
On appeal from  EWHC 1315.
The appellant brought a claim for malicious prosecution. The respondent had dismissed him and brought proceedings against him for alleged breach of contractual and fiduciary duties. He claimed that this was part of a campaign by the respondents to do him harm. The Supreme Court considered whether the tort of malicious prosecution included the prosecution of civil proceedings. The Court allowed the appeal by a majority of 5-4. It was instinctively unjust for a person to suffer injury as a result of the malicious prosecution for which there was no reasonable ground, and yet not be entitled to compensation for the injury intentionally caused by the person responsible for it. An action for malicious prosecution did not amount to a collateral attack on the outcome of the first proceedings.