Overview

malicious prosecution


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The malicious institution of legal proceedings against a person. Malicious prosecution is only actionable in tort if the proceedings were initiated both maliciously and without reasonable and probable cause and they were unsuccessful. No one who has been convicted of a criminal charge can sue for malicious prosecution. Making unjustified threats of infringement of trade mark or other intellectual property rights is also a statutory offence; the person accused of this can apply to the court for a declaration that they do not infringe these rights.

Subjects: Law.


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