Elsee v Smith

JurisdictionEngland & Wales
Date1822
Year1822
CourtUnspecified Court
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12 cases
  • Gibbs, Commissioner of Police v Attorney-General et Al
    • United Kingdom
    • Privy Council
    • 29 January 1998
    ...warrant without reasonable cause and with malice had long been recognised although seldom successfully prosecuted: Elsee v Smith ((1822) 2 Chit 304), Hope v EveredELR ((1886)) 17 QBD 338, 340), Everett v RibbandsELR ([1952] 2 QB 198, 205),Reynolds v Commissioner of Police of the MetropolisE......
  • EM v The Attorney-General
    • New Zealand
    • High Court
    • 2 February 2024
    ...the actions are not brought on or in respect of any evidence given but in respect of malicious abuse of process (see Elsee v Smith (1822) 2 Chit 304). 72 SW's submissions do not address application of the witness immunity principle to each of the four causes of action. Clearly it does not a......
  • Martin v Watson
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 21 January 1994
    ...In such cases the actions are not brought on or in respect of any evidence given but in respect of malicious abuse of process (see Elsee v Smith [1822] 2 Chit 304)." 145 This case illustrates that it is the malicious abuse of the process of the court which is the essence of such torts not t......
  • Roy v Prior
    • United Kingdom
    • House of Lords
    • 7 July 1970
    ...In such cases the actions are not brought on or in respect of any evidence given but in respect of malicious abuse of process (see Elsee against Smith, 2 Chitty's Reports, p. 304). 14 In Daniels v. Fielding, in 1846, 16 M & W 200 a plaintiff succeeded in an action for malicious arrest. In t......
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