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On appeal from [2015] 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.

For judgment please download: [2016] UKSC 43
For Court’s press summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII

To watch the hearing, please visit: Supreme Court website (7 Mar 2016 morning session), (7 Mar 2016 afternoon session)