Share on LinkedInShare on LinkedIn

ARTICLE · 26 JULY 2013

Tort Of Malicious Prosecution Can Arise From Civil Proceedings

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Contributor
Borden Ladner Gervais LLP

Borden Ladner Gervais LLP

With over 750 lawyers, intellectual property agents and other professionals, BLG services...

View firm profile
Explore more from Borden Ladner Gervais LLP

​This one is actually binding on a very small number of people, being an appeal from the Cayman Islands -- but given that it's a Privy Council decision, it's likely to be influential: Crawford Adjusters v Sagicor General Insurance (Cayman) Ltd, [2013] UKPC 17. The case arose from building works undertaken to repair hurricane damage.

CanadaLitigation, Mediation & Arbitration

This one is actually binding on a very small number of people, being an appeal from the Cayman Islands -- but given that it's a Privy Council decision, it's likely to be influential: Crawford Adjusters v Sagicor General Insurance (Cayman) Ltd, [2013] UKPC 17. The case arose from building works undertaken to repair hurricane damage. Sagicor, the insurer of a residential development, retained Alastair Paterson as a loss adjuster and made payments to Hurlstone, a building company, to repair the development in accordance with the terms of the policy. There were other storms brewing. A senior VP at Sagicor had an animus against Paterson and alleged that Paterson and Hurlstone had perpetrated a fraud on Sagicor; he also told a reporter that Paterson had made misrepresentations, causing damage to Paterson's reputation once the reporter published the information. Paterson counterclaimed for breach of contract and with a tort claim for malicious prosecution. The Cayman trial

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from