D had unsuccessfully prosecuted C for exercising the faculty of a badger (ie the right to deal in corn) without a licence. C successfully sued D for malicious prosecution and recovered damages equal to his costs of andpound;100 expended in the criminal proceedings. Parker CJ reiterated that an action would lie for the malicious prosecution of civil proceedings if the claimant could ‘show special matter which shows malice’. Later he said: ‘The difficulty, which stood most in the way of these actions, was the fear of discouraging prosecutions, and the regard to what was done in a legal course to bring offenders to punishment . . [But] requiring satisfaction from those who proceed out of meer malice and wickedness without any reasonable ground, will be no discouragement at all to him who honestly proceeds on reasonable grounds.’
Judges:
Parker CJ
Citations:
[1760] EngR 108, (1713) Gilb Cas 185, (1760) 93 ER 300
Links:
Cited by:
Cited – Williamson v The Attorney General of Trinidad and Tobago PC 3-Sep-2014
(Trinidad and Tobago) The claimant had been held after arrest on suspicion of theft. He was held for several months before the case was dismissed, the posecution having made no apparent attempt to further the prosecution. He appealed against refusal . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 02 May 2022; Ref: scu.376447