Malicious prosecution it a legal term that refers to the filing of a civil or criminal case that has no probable cause, and is filed for some purpose other than obtaining justice. This rule is limited to equitable damages, such as loss of profit, and excludes damages that cannot be measured by the law (e.g., damage to reputation). In California malicious prosecution is a civil cause of action aimed to go after individuals who file frivolous lawsuits and cause damages as a result. [1] Malicious prosecution is the only tort claim that extends the Fourth Amendment beyond the start of the legal process either argued by counsel, or considered by the justices. If any one of the following four elements is missing, the case is likely to be dismissed, or a judgment entered against the plaintiff. Canadian jurisprudence has changed in that if any individual takes legal action that meets the above criteria, they may be sued. Malicious Prosecution is an abuse of Judicial System as it aims to provide justice to innocent people but under Malicious Prosecution, innocent people are convicted. What is not yet clear is the detail of how it will all work in practice. At times, you can be sued as the scapegoat in a genuine personal injury when you had little to do with it. The Privy Council then muddied the waters in Crawford Adjusters (Cayman) Ltd -v- Sagicor General Insurance (Cayman) Ltd[2013] 3 W.L.R. Sixteen U.S. State and federal laws grant what is known as prosecutorial immunity to prosecutors and other law enforcement officials. At trial, nearly a year later, it is quickly determined that there is virtually no evidence that Jeff is guilty of any wrongdoing, and that Ralph filed the case out of malice. Concededly, the mere act of submitting a case to the authorities for prosecution does not make one liable for malicious prosecution. Malicious prosecution proceedings are possible in the civil context, but they can be fraught with difficulty. v. Varsity Brands, Inc. A prosecution that occurs without probable cause and causes damage. When a plaintiff is successful in his case, damages for malicious prosecution may be substantial. Malicious prosecution is part of common law, rather than legislated law, and endeavors to prevent abuse of the legal system. The prior case can be either criminal or civil in nature. Hodges was arrested and taken to jail. Legal action may be taken against the police or Crown attorneys or the Attorney General, as they are no longer exempt from suit.[2]. The original prosecution was initiated without probable cause, as Gibson Discount Center failed to even investigate Crosgrove until after Hodges had been arrested and charged, and Crosgrove had accused her to cover his own guilt. The tort of malicious prosecution was recently reviewed in 2009 by the Supreme Court of Canada in Miazga v. Kvello Estate, and specifically how it applied to public prosecutors in Canada. The businessman asks the court to award him damages for his losses, including his attorney’s fees, and loss of reputation. Actions for malicious prosecution must compete against the public interest in allowing parties to pursue cases unfettered by the specter of a retaliatory case. The examples and perspective in this article, Prosecution without probable cause to punish an individual, Singh c. 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