Malicious Prosecution in UK Law
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Qualified Immunity of the Lord Advocate in Whitehouse and Clark v Chief Constable and Lord Advocate
... ... the Lord Advocate arising out of their treatment by police and prosecution following the winding up and sale of Rangers.2 The Lord Advocate contended ... was whether the Lord Advocate had absolute immunity against a malicious prosecution action following upon an indictment, and, secondarily, whether ... ...
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Relegated No Longer? The Role of Malice in the Delictual Protection of Liberty: Whitehouse v Gormley
... ... delictual: wronguous/wrongful; unjustified; unlawful; false; or malicious? This goes beyond mere “fair labelling”: the selection determines the ... financial loss (as an insolvency practitioner, the pending prosecution rendered him unable to practice) and reputational damage. His claims were ... ...
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Compensation of the Innocent
... ... the detection of crimes and the capture and prosecution of offenders have made less significant the role of ... the conditions of liability for false imprisonment, malicious prosecution, or some other tortious wrongdoing connected with ... ...
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Liability for Wrongful Deprivation of Liberty: Malice and Police Privilege
... ... refer to a form of privilege that required the pursuer to prove malicious motive; damages were apparently exigible even where the defenders pled ... :
Arbuckle v Taylor and malicious prosecution ... The specific formulation invoked in Whitehouse v Gormley , coupling ... ... -
Defamation appeal: Court of Appeal rules that qualified privilege applies in respect of letter to regulator Mahon and Another v Rahn and Others
The factual background to this appeal was given in Vol.8, No.1 Journal of Financial Regulation and Compliance when the judgment at first instance, from which this appeal by the Defendants was broug...... ... The judge ruled that there was no case to answer in this prosecution and the respondents then began defamation pro-ceedings, to which was later ... Defamation appeal of malicious prosecution, in respect of, in part, a letter allegedly sent on behalf of ... ...
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Chapter 13: Damages for wrongful arrest of ships in the English Admiralty jurisdiction
... ... terms – “in the absence of proof of mala fides or malicious negligence, [the court] ought not to give damages against the parties ... and imprecisely, wrongful arrest with the tort of malicious prosecution. This association drives deep into the law. It is witnessed in the ... ...
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Malice in the Law of Torts
... ... just seen involved at least emotional benefit to the malicious person, tended in the latter part of the nineteenth century to ... , at least in respect of the tort of malicious prosecution if nowhere else, though it can be said that lack of ... ...
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Recent Judicial Decisions
... ... (sitting in Bir-mingham County Court) dismissing claim for malicious pro-secution and misfeasance in a public ofce by Chief Constableof West ... 3 January 2001 the case came before the Crown Court,where the prosecution offered no evidence. In September 2006the claimant commenced actions ... ...
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THE INCIDENCE OF JURY TRIAL DURING THE PAST CENTURY
... ... obtaining by false pretences and for some types of malicious damage, still with the 40s. limit. Summary trial of young ... cases, in that action of libel, slander, malicious prosecution, false imprisonment, seduction and breach of promise of ... ...
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House of Lords
... ... vWatsonWhere proceedings are brought in the form of a public prosecution, who isthe prosecutor? The euphemisms and abstractions of thepast-theKing ... first question which may face a court before which an actionfor malicious prosecution is brought is whether the defendant in thoseproceedings was ... ...
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