Malicious prosecution – Action. The Supreme Court allowed an appeal against strike out on the ground of no cause of action of the appellant's claim for malicious prosecution in respect of civil proceedings that had been brought against him at the respondent's instigation and discontinued shortly before trial. The court confirmed that the tort of malicious prosecution included the prosecution of civil proceedings. Simple justice dictated that the appellant's claim should be sustainable in English law and the entirety of his claim would be allowed to proceed to trial.