Fraud Insights: Malicious Prosecution Of Civil Claims

Until relatively recently, a defendant that had successfully defended a maliciously advanced civil claim was prevented from bringing a claim for malicious prosecution against that claimant in respect of the damage caused. Whilst malicious prosecution claims could be brought in respect of criminal proceedings, civil proceedings were treated differently.

Unfortunately, as many individuals that have been accused of fraud and wrongdoing are all too aware, serious allegations of this nature in the civil context have the potential to cause immediate and irreparable harm. Even if the defendant successfully defends the claim, or the claimant discontinues the claim, the damage that has been done is not uneasily undone. In...