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Legal Update

A new tort – malicious prosecution of civil proceedings

22 July 2016
Mayer Brown Legal Update
On 20 July 2016, a nine member panel of the Supreme Court handed down its judgment in Willers v Joyce and Anor (in substitution for and in their capacity as executors of Albert Gubay (deceased)), in which it decided by a 5:4 majority that a claim for malicious prosecution of civil proceedings is sustainable in English law – extending the tort beyond its traditional boundaries of the malicious prosecution of criminal claims or the use of ex parte coercive measures.


  • Stuart Pickford
    T +44 20 3130 3967
  • Daniel Cook
    T +44 20 3130 3153

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