This article discusses the elements of a malicious prosecution or abuse of process claim. A successful claim can restore your good reputation. Interestingly, malicious prosecution has been an entrenched part of common law for many centuries. Illegal detention under the Mental Health Act 1983. Malicious prosecution is a particularly serious matter because the police and the Crown Prosecution Service (CPS) should carry out their functions honestly and with integrity. Examples of things you could claim compensation for in a malicious prosecution case include: Business or earnings lost because of the false charge; Damage done to your property; Legal fees incurred; Most of us take care to live responsible lives on the right side of the law and expect this of others too. This is especially true where the claim relates to a wrongful administrative action. Civil Actions. Malicious prosecution is not restricted to criminal cases, but any criminal or civil case where you are falsely prosecuted or sued. If a person is detained for malicious reasons but under due form of law, the cause of action, if any, is for malicious prosecution. Types of damages . This decision therefore provides defendants with an important safeguard against claims motivated by malice and brought without reasonable and probable cause. Such is the case because the concept of a fair and free trial requires that witnesses testify without fear of having to defend a defamation suit owing to their testimony. The prosecutor becomes obsessed with the idea that the businessman caused him to lose the election. People use the term “malicious prosecution” in two ways. ©PARKER MILLS LLP 2014 800 W. 6th Street, Suite 500, Los Angeles, CA 90017-2704 | Main (213) 622-4441 | Fax (213) 622-1444 | www.parkermillsllp.com MALICIOUS PROSECUTION HANDBOOK¤ By David B. Parker & William K. Mills Malicious prosecution has also been confused with false imprisonment. These issues are, however, different from one another, and proving them in court requires different elements. It is meant for ordinary people to understand and will be easier for you. See also: Vexatious litigant. Adapt to fit your circumstances, including compliance with your state's procedural rules. A claim in malicious prosecution can be brought in relation to civil proceedings between private individuals. It is an intentional tort recognized in the common law system of the United States. Malicious prosecution refers to the act of filing a lawsuit against someone even though the case itself has no merit. Remedies for Malicious Prosecution . Claims of malicious prosecution is a developing area of law. A claim for malicious prosecution may arise when the police have prosecuted you for an offence that you did not commit and this prosecution was malicious and deliberate in order to cause you harm. HOW TO SUE FOR MALICIOUS PROSECUTION OF A CRIMINAL CASE. This article analyzes the legal standard for malicious prosecution in criminal cases and the barriers that must be crossed to successfully bring such a case. Occasionally, our Professionals will advise other means of getting redress. The prior case can be either criminal or civil in nature. The Easier to Understand Test for Malicious Prosecution . Abuse of process refers to a person using the legal system in a way that is not necessarily serving the underlying legal action, but rather to achieve another purpose. As the name suggests, malicious prosecution involves legal action being taken against a defendant in order to deliberately cause harm – rather than on reasonable grounds. Malicious prosecution is a tort or a civil wrong which enables a person who is the subject of groundless and unjustified court proceedings (usually criminal proceedings), to seek a civil claim for damages against his prosecutor. That by reason of the said prosecution, the plaintiff has suffered much physical and mental pain, has been lowered in the estimation of his friends, was prevented from attending to his business and incurred expenses in defending himself from the said charge. F or example, you can seek to recover lost income caused by harm to your business’s reputation. Legal definition of malicious prosecution: the tort of initiating a criminal prosecution or civil suit against another party with malice and without probable cause; also : an action for damages based on this tort brought after termination of the proceedings in favor of the party seeking damages —called also malicious use of process. The meaning of Malicious Prosecution is that police have pursued a Prosecution without a reasonable cause. An example of malicious prosecution includes a police officer charging and prosecuting a person without any real evidence and for a purpose other than the proper use of the criminal law. Malicious prosecution as a legal principle is still in its early stages of development, and as such the full application of the tort is likely to be the subject of a significant amount of case law over the coming years. Origin . The court’s have been willing to consider the damage to reputation or loss of earnings in such cases; however they are very difficult to bring as there is a very high standard of evidence required. That the defendant had made the complaint against the plaintiff maliciously and without a reasonable or probable cause. Malicious Prosecution Lawyers Glasgow & London. Although this tort may sound similar to malicious prosecution, an abuse of process claim can be brought against someone even if … False testimony alone, for example, does not constitute malicious prosecution. If you believe that you are on the receiving end of malicious prosecution, you can take proper legal action by filing a claim that alleges exactly that. A few examples of dignitary torts are defamation, malicious prosecution, and abuse of process. Malicious prosecution is a tort, or civil claim for damages. Moreover, witnesses are immune from suit for DEFAMATION, even if they lie on the witness stand. Simple errors, Misjudgements or even Negligence by Police will not be enough to satisfy a court that any prosecution was truly Malicious. In England and Wales they are forbidden from starting civil cases without permission. For more information on this topic, please contact Laura Scott. The “Malicious prosecution is a common law intentional tort”. As far as claiming compensation for this, it is not a cut and dried case. This is a sample Complaint against a defendant for false arrest, malicious prosecution, trespassing, slander, libel and intentional infliction of emotional distress. We await such clarity and judicial comment with interest. A successful malicious prosecution claim will have proof of all necessary legal elements. 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