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Malicious Prosecution

  • 14-03-2017 3:53pm
    #1
    Registered Users, Registered Users 2 Posts: 5


    Hi,

    This is complicated; I am in the midst of a civil matter (High Court) I am the plaintiff. There are several aspects to the issue, the one I'm most interested in is 'Malicious Prosecution'. This is against a company (individuals who testified on their behalf). I am looking for case examples or relevant comments around how compensation for such incidents is calculated. Thanks.


Comments

  • Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    Malicious prosecution is where someone takes a case against you out of malice or for the nuisance value, rather than to right a genuine wrong. As you are the plaintiff in this case, it scarcely applies.

    If you haul someone into court and they put up a robust defence, you can't call it a 'malicious prosecution'.

    Are you by any chance a lay litigant?


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    Roland9 wrote: »
    Hi,

    This is complicated; I am in the midst of a civil matter (High Court) I am the plaintiff. There are several aspects to the issue, the one I'm most interested in is 'Malicious Prosecution'. This is against a company (individuals who testified on their behalf). I am looking for case examples or relevant comments around how compensation for such incidents is calculated. Thanks.

    Maybe you should ask your legal advisers?


  • Registered Users, Registered Users 2 Posts: 5 Roland9


    Hi,


    Thanks for this. I'm not sure you understood my comment.


  • Registered Users, Registered Users 2 Posts: 5 Roland9


    Maybe you should ask your legal advisers?
    Hi,


    I am hoping for some useful feedback. Would you mind deleting your comment?, I'm inclined to think that others will see your comment and assume my query is less than sincere.

    Thanks in advance.


  • Registered Users, Registered Users 2 Posts: 2,598 ✭✭✭emeldc


    Roland9 wrote: »
    Hi,


    Thanks for this. I'm not sure you understood my comment.
    So are you suing the individuals in the high court who previously sued you in a malicious prosecution case.


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  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 5 Roland9


    Hi,

    Spot on. They didn't actually sue me, they made false allegations which led to criminal charges. That has all been resolved in my favor. We are at the end game now and I'm trying to source examples to give me an idea of what to expect.


  • Registered Users, Registered Users 2 Posts: 2,598 ✭✭✭emeldc


    Roland9 wrote: »
    Hi,

    Spot on. They didn't actually sue me, they made false allegations which led to criminal charges. That has all been resolved in my favor. We are at the end game now and I'm trying to source examples to give me an idea of what to expect.

    I've bad news for you. I'm a drycleaner so I haven't a clue what you should expect. I was just trying to understand your opening post. One poster suggested talking to your legal team. I'd say that's your best bet. Hope it works out for you.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    Roland9 wrote: »
    Hi,


    I am hoping for some useful feedback. Would you mind deleting your comment?, I'm inclined to think that others will see your comment and assume my query is less than sincere.

    Thanks in advance.

    I think it is useful, even if you dont necessarily appreciate that.

    Lets say that I tell you that the answer is A, and then your legal team says the answer is B, who are you going to trust? More importantly, suppose you listen to me and Im wrong, youve no one to sue whereas at least you can potentially sue your lawyers for giving negligent advice if it is negligent.

    If nothing else, they know the facts of the case and probably have experience of similar litigation whereas I dont.

    But just so people dont treat my comment as inferring that you are insincere, ai am happy to clarify that I dont think you are. I just dont think you should second guess existing litigation based on comments in an internet forum.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Sorry, cannot get legal advice here
    Thread closed


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