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A Lawsuit Isn’t Always the Best Revenge: JCPC Rules that the Tort of Malicious Prosecution is now Available for Civil Litigants

Posted in Case Comments, Procedure, Torts

In a recent decision, the Judicial Committee of the Privy Council ruled for the first time that the tort of malicious prosecution is available in the context of civil proceedings. In most jurisdictions, including Canada, the current view is that malicious prosecution is only available against the Attorney General or Crown prosecutors following criminal proceedings instituted for an improper purpose.

Background

The result was driven by the peculiar facts of the case. Mr. Paterson was a chartered surveyor resident in the Cayman Islands. He was appointed by Sagicor to act as a loss adjuster for a claim for property

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