Dear Colleagues,

 

The Singapore Court of Appeal has considered the process torts of malicious prosecution and abuse of process in Lee Tat Development v MCST Plan [2018] SGCA 50 https://www.supremecourt.gov.sg/docs/default-source/module-document/judgement/ca117-2017--2018-sgca-50(ed)-leetateditfinal2-17aug18-pdf.pdf.

 

The Court rejects the tort of abuse of process, and also rejects the proposition that malicious prosecution extends to the prosecution of civil proceedings generally. In taking the latter position, the Court strongly endorses the minority views of the Supreme Court in Willers v Joyce [2016] UKSC 43. There are various interesting observations on the principle and policy issues also canvassed in Willers and in the academic literature, and on the distinctions for the Singapore system that the Court judges support its different direction.

 

Best wishes,

James

 

--

James Lee

Reader in English Law

The Dickson Poon School of Law

Somerset House East Wing, room SW 1.12
King's College London
Strand
London WC2R 2LS

 

E-mail: james.lee@kcl.ac.uk

 

Tel: +44 (0)20 7848 2363

 

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Coming Soon: Jamie Glister and James Lee, Hanbury & Martin: Modern Equity (21st edition, August 2018)