The Board considered an action for malicious prosecution. Sir John Beaumont said: ‘The foundation of the action lies in abuse of the process of the court by wrongfully setting the law in motion, and it is designed to discourage the perversion of the machinery of justice for an improper purpose. The plaintiff must prove that … Continue reading Mohammed Amin v Jogendra Kumar Bannerjee: PC 1947
The court considered whether an action lay without proof of special damage for maliciously presenting a winding up petition. Held: There was. Though there was no general cause of action for maliciously bringing civil proceedings without reasonable and probable cause, an action for malicious prosecution could, however, be brought in specific cases. The absence of … Continue reading Quartz Hill Consolidated Gold Mining Co v Eyre: CA 26 Jun 1883
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In a post-nuptial settlement, the wife had given up all her rights in return for a transfer to her of property from her husband who was later made bankrupt. Held: Sir Herbert Cozens-Hardy MR said: ‘I am unable to adopt the view that there must be either money or physical property given by the purchaser … Continue reading In Re Pope ex parte Dicksee: 1908
The court does not have power to order the payment of a liquidator’s costs which had not been properly incurred. The costs of unsuccessful litigation were not recoverable in priority to a secured creditor in priority to the charge. As to rule 7.47(1) of the Rules: ‘But, since the point has been raised and may … Continue reading Mond and Another v Hammond Suddards and Another: CA 15 Jun 1999
Lindley LJ said of the section: ‘The first question is, what is the meaning of the debtors ‘giving notice’ that he has suspended, or is about to suspend, payment of his debts? I think it does not mean mere casual talk; it must be something formal and deliberate, something done by the debtor with a … Continue reading In Re Friedlander ex parte Oastler: CA 1884
The claimants wanted planning permission to redevelop land. The defendant firm of solicitors, their tenants, had challenged the planning permission. The claimants alleged that that opposition was a tortious abuse because its true purpose was to pressure the claimants into relocating them. The claimants appealed against summary dismissal of their claim on the basis that … Continue reading Land Securities Plc and Others v Fladgate Fielder (A Firm): CA 18 Dec 2009
