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08 January 2020 / Kathryn Garbett , Mehmet Karagoz
Issue: 7869 / Categories: Features
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Catch them if you can

13680
Malicious prosecution of civil claims—a difficult claim to pursue. Kathryn Garbett & Mehmet Karagoz report
  • The findings in Willers v Joyce & Nugent which considered a claim for malicious prosecution of a civil claim. The claim was unsuccessful and the decision shed light on the matters the court will consider in this type of claim.

In Willers v Joyce & Nugent ([2018] EWHC 3424 (Ch)) Mrs Justice Rose DBE (as she then was) considered Mr Willers’s claim for malicious prosecution of a civil claim against Mr Gubay. The claim was initially struck out on the grounds that there was no tort known to English law of malicious prosecution where the case which is alleged to have been maliciously brought was a civil action rather than a criminal prosecution (Willers v Gubay [2015] EWHC 1315 (Ch)). The judge who struck out the claim granted a ‘leapfrog’ certificate so the case could proceed directly to the Supreme Court. The Supreme Court held by a majority of five to four

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NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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