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23 September 2016
Issue: 7715 / Categories: Features , Civil way , Procedure & practice
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Civil way: 23 September 2016

Seeing off malicious claims; Triumph for QBD Masters; & Court of Appeal: keep out

Brand new threatener

“On the instructions I have received, your claim against my client now proceeding in the County Court at Macclesfield lacks reasonable and probable cause and you have no bona fide reason for making it. My instructions are that the claim has already caused him injury to his health and financial loss and the longer the claim is allowed to continue, the greater that loss will be. I have advised my client that in commencing and persisting with the claim you have committed the tort of malicious prosecution and in that connection I draw your attention to the majority judgments of the Supreme Court in Willers v Joyce and another [2016] EWHC 1315, [2016] All ER (D) 97 (Jul).

I hereby give you notice that unless within seven days of the date of receipt of this letter and in accordance with r 38.3 of the Civil Procedure Rules 1998, you discontinue the claim and serve me on behalf of my client with notice that you have done so, my client

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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