Abuse of Process

What is Abuse of Process in Tort Law?

Quick Definition

Abuse of process is a legal concept where a party uses the judicial process for an ulterior motive, rather than to resolve a legitimate legal dispute. This misuse can lead to a claim for damages if it causes harm to the other party.

In Context

Abuse of process often arises when legal proceedings are initiated not to seek justice, but to harass or pressure the opposing party. For example, repeatedly filing frivolous lawsuits to burden someone with legal costs could be considered an abuse of process. In the case of Grainger v Hill (1838), the court recognised the misuse of legal procedures for improper purposes. In exams, you might be asked to identify signs of abuse of process and discuss potential remedies, such as compensatory damages.

See Also

• Malicious Prosecution

• Vexatious Litigation

• Judicial Review

Learn More

Delve deeper into abuse of process with our Tort Law Notes for detailed case studies and practical insights.