Willers v Gubay

Willers v Gubay

The High Court is bound by the House of Lords decision in Gregory v Portsmouth City Council, which holds that the tort of malicious prosecution does not extend generally to civil proceedings, and therefore the claim for malicious prosecution of civil proceedings must be struck out.

Parties
Claimant: Peter Willers; Defendant: Albert Gubay
Jurisdiction
England and Wales
Judgment Date
15 May 2015
Procedural Posture
Civil / Strike Out Application
Outcome
Claim struck out
Legal Topics
Malicious Prosecution, Abuse of Process, Precedent, Jurisdiction
Tort Law Civil Procedure Malicious Prosecution Abuse of Process Precedent Jurisdiction

Case Brief

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Parties

Peter Willers

Claimant

Albert Gubay

Defendant

Procedural Posture

Civil / Strike Out Application

Legal Issues

  1. 1 Whether the tort of malicious prosecution of civil proceedings is recognised in English law
  2. 2 Whether the High Court is bound by the House of Lords decision in Gregory v Portsmouth City Council
  3. 3 Whether the Privy Council decision in Crawford Adjusters should be followed

Ratio Decidendi

The High Court is bound by the House of Lords decision in Gregory v Portsmouth City Council, which holds that the tort of malicious prosecution does not extend generally to civil proceedings, and therefore the claim for malicious prosecution of civil proceedings must be struck out.

Court Disposition

Claim struck out

Orders

  • Claim for damages for malicious prosecution of civil proceedings is struck out as disclosing no cause of action known to English law