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Malicious Prosecution

When you've been accused of a crime you didn't commit, it's easy to become overwhelmed and unsure. Being taken to court for what you believe is false pretences may have devastating psychological consequences and risk irreversible harm to your reputation. The majority of people are unaware that they have the option to obtain compensation for malicious prosecution.

Types of Malicious Prosecution
There are 2 types of malicious prosecution:-

  • Malicious Criminal Prosecution

  • Malicious Civil Prosecution


Malicious Criminal Prosecution

In an action for a malicious criminal prosecution the Plaintiff must prove the following:-

  • that the plaintiff was prosecuted by the defendant;

  • that the prosecution ended in plaintiff’s favour;

  • that the defendant acted without reasonable and probable cause;

  • that the defendant was actuated by malice.


Bringing a criminal action which is motivated by ill will or evil intent rather than to serve the interests of justice. Malicious prosecution is an abuse of the legal system. An action in tort for malicious prosecution may be brought once criminal proceedings have been instigated without reasonable or probable cause, have failed; and have caused damage to the accused. If no adequate justification for the proceedings is put forward then malicious intent may be implied.

Malicious Civil Prosecution

The foundation of the action lies in abuse of the process of the court by wrongfully setting the law in motion and it is designed to discourage the perversion of the machinery of justice for an improper purpose. In order to succeed, the plaintiff must prove that:-

  • the proceeding instituted against him were malicious, without reasonable and probable cause; 

  • the prosecution terminated in his favour;

  • he had suffered damage, and that the damage claimed is for damages to the person, to property or to reputation. 

This Article is Written By:

Dato Chris Chin

Founder & Managing Partner



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