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(p. 382) 10. Malicious Prosecution 

(p. 382) 10. Malicious Prosecution
(p. 382) 10. Malicious Prosecution

Simon Deakin

, Angus Johnston

, and Basil Markesinis

Page of

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date: 18 September 2019

This chapter considers the ingredients of successful action for malicious prosecution. The claimant must show: that the defendant prosecuted him; that the prosecution ended in the defendant’s favour; that there was no reasonable and probable cause for the prosecution; and that the defendant was actuated by ‘malice’. Damage is also a necessary ingredient.

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