“Lawfare”, big money divorces, and the impact of the new tort of malicious prosecution of civil proceedings

16 June 2020

In a world where Russian oligarchs refer to litigation as “lawfare”, in this podcast we look at the issues arising where personal commercial rivalries are played out in spurious litigation. We go on to consider the new phenomenon of malicious prosecution claims arising from big money divorces, touching finally on the professional liability exposure of lawyers who have acted for the tortfeasor in maliciously prosecuted or abusive civil proceedings.

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In this podcast we will cover:

– The elements of the tort of malicious prosecution in outline

– Some key questions relating to the meaning of ‘prosecutor’ and the requirement to have suffered loss

– How the tort can apply in the context of “lawfare” and big money divorces

– Lawyers’ liability for malicious prosecution




Related areas


Paul Mitchell KC

Call: 1999 Silk: 2016

Tom Shepherd

Call: 2008



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