Malicious Prosecution

Malicious prosecution, as the name implies, arises where the defendant maliciously, and without reasonable and probable cause, initiates a criminal proceedings against a plaintiff, which proceedings later ends in favour of the plaintiff. Further more, it is a common law intentional tort. Like the tort of abuse of process, its elements include intentionally instituting and… Continue reading Malicious Prosecution

Essentials of Malicious Prosecution

Essentials of Malicious Prosecution. Malicious prosecution occurs when one party has knowingly and with malicious intent initiated a baseless litigation against another party. This includes both criminal charges and civil claims, for which the cause of action is essentially the same. The main difference between claims based on criminal and civil actions has to do… Continue reading Essentials of Malicious Prosecution