Gilding v Eyre And Another: CCP 8 Jul 1861

After getting judgment against the plaintiff for a debt, and substantial repayment of it by him, the defendant issued a writ of execution for the full amount of the debt, in consequence of which the plaintiff was arrested by the sheriff’s officers. The plaintiff brought proceedings to recover the amount which he had over-paid on the basis of malicious arrest.
Held: The defendant’s argument that the claim was not sustainable because the original proceedings had not terminated in the plaintiff’s favour was rejected. The court distinguished cases of malicious prosecution, emphasising that the proceedings had, subject to execution, actually terminated, and that the defendant ‘by means of a regular writ of execution extorted money which he knew had already been paid and was no longer due on the judgment.’


Williams, Byles and Keating JJ


[1861] EngR 793, (1861) 10 CB NS 592, (1861) 142 ER 584




England and Wales

Cited by:

CitedLand Securities Plc and Others v Fladgate Fielder (A Firm) CA 18-Dec-2009
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 . .
CitedCrawford Adjusters and Others v Sagicor General Insurance (Cayman) Ltd and Another PC 13-Jun-2013
(Cayman Islands) A hurricane had damaged property insured by the respondent company. The company employed the appellant as loss adjustor, but came to suspect advance payments recommended by him, and eventually claimed damages for deceit and . .
CitedCrawford v Jenkins CA 24-Jul-2014
The parties had divorced but acrimony continued. H now complained of his arrests after allegations from his former wife that he had breached two orders. He had been released and no charges followed. The court had ruled that W’s complaints were . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 18 May 2022; Ref: scu.284554