( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

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MALICIOUS PROSECUTION LAWS AND ITS EVOLUTION IN ENGLAND AND USA

    1 Author(s):  RENU TOMAR

Vol -  12, Issue- 2 ,         Page(s) : 40 - 46  (2021 ) DOI : https://doi.org/10.32804/IRJMSH

Abstract

The historical development and growth of the tort of malicious prosecution is an interesting one. The history of the tort can be traced back to the writ of conspiracy, as early as the reign of Edward I. English courts were concerned with improper use of judicial proceedings as early as the 10th century. In its contours of development, the tort has grown to provide protection and remedy to those who have been wronged by an abuse of the judicial process. There are various allied concepts that do come under the purview of the principals of malicious prosecution, such as wrongful use of civil proceedings

Albright v Oliver 510 U.S. 266 (1994)
D. Hay, 'Controlling the English Prosecutor', Osgoode Hall Law Journal, 21/2 (1983), pp. 177 ff.
Davis v. Noak (1816), 1 Starkie 377, see also Elsee v. Smith (1822), 1 D & R 28, see also Clarke v. Postan (1834), 6 C & P 423
Dr. Paley's current work in the Middlesex cases in the Crown Side of King's Bench is revealing much of this world of minor criminal litigation.
Gregory vs Portsmouth City Council` (2000) 1 AC 419, 426.

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