The claim was for damages for vexatious ejectment. On ‘the court expressing themselves clearly of opinion on the authority of Savile v Roberts 1 Salk 13, that such an action was not maintainable’, counsel for the plaintiff declined to argue the point. The report at 1 Salk 13 is very brief and confined to the proposition that ‘it is not sufficient that the plaintiff prove he was innocent, but he must prove express malice in the defendant’
Citations:
[1798] EngR 40, (1798) 1 Bos and Pul 205, (1798) 126 ER 861 (A)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Willers v Joyce and Another (Re: Gubay (Deceased) No 1) SC 20-Jul-2016
Parties had been involved in an action for wrongful trading. This was not persisted with but the claimant sought damages saying that the action was only part of a campaign to do him harm. This appeal raised the question whether the tort of malicious . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 02 June 2022; Ref: scu.348790