DP v CP [2008] JRC 176 (13 October 2008)

DP v CP [2008] JRC 176 (13 October 2008)

The plaintiff failed to provide any substantive evidence to rebut the defendant's affidavits and the Assistant Magistrate's findings, which indicated the defendant had reasonable and probable cause and lacked malice. The only evidence relied on by the plaintiff (an email exchange) was of minimal evidential value. The claim for malicious prosecution was therefore obviously unsustainable, frivolous, vexatious, and an abuse of process.

Citation
[2008] JRC 176
Parties
Plaintiff: DP; Defendant: CP
Jurisdiction
Jersey
Judgment Date
13 October 2008
Procedural Posture
Civil Appeal / Appeal Against Master's Order Striking Out Claim
Outcome
appeal dismissed
Legal Topics
Malicious Prosecution, Striking Out Pleadings, Abuse of Process, Frivolous or Vexatious Proceedings
Tort Law Civil Procedure Malicious Prosecution Striking Out Pleadings Abuse of Process Frivolous or Vexatious Proceedings

Case Brief

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Parties

DP

Plaintiff

CP

Defendant

Procedural Posture

Civil Appeal / Appeal Against Master's Order Striking Out Claim

Legal Issues

  1. 1 Whether the plaintiff's claim for malicious prosecution should be struck out as frivolous, vexatious, or an abuse of process
  2. 2 Whether the plaintiff has an arguable case on the elements of malicious prosecution

Ratio Decidendi

The plaintiff failed to provide any substantive evidence to rebut the defendant's affidavits and the Assistant Magistrate's findings, which indicated the defendant had reasonable and probable cause and lacked malice. The only evidence relied on by the plaintiff (an email exchange) was of minimal evidential value. The claim for malicious prosecution was therefore obviously unsustainable, frivolous, vexatious, and an abuse of process.

Court Disposition

appeal dismissed

Orders

  • Plaintiff's appeal dismissed
  • Costs awarded on a standard basis but not to be enforced without leave