Malicious Prosecution

What is Malicious Prosecution in Tort Law?

Quick Definition

Malicious prosecution is a tort that arises when someone initiates a legal action with malice and without reasonable grounds, causing harm to the defendant. It aims to protect individuals from unjustified legal proceedings.

In Context

Malicious prosecution typically involves criminal cases but can also apply to civil suits. To succeed, the claimant must prove that the previous case ended in their favour, was initiated without probable cause, and was driven by malice. A classic case is Hicks v Faulkner (1878), which outlines the elements required for a claim. In exams, you might be asked to identify the elements of malicious prosecution and evaluate whether a claim is likely to succeed based on given facts.

See Also

• False Imprisonment

• Abuse of Process

• Defamation

Learn More

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