Malicious prosecution – Action. The Chancery Division held that the decision in Gregory v Portsmouth City Council ([2000] 1 All ER 560), that in English law the tort of malicious prosecution was not available beyond the limits of criminal proceedings and special instances of abuse of civil legal process, was binding on it and the facts of the case did not fall within one of the special instances of abuse of civil proceedings. Accordingly, the claimant's claim for malicious prosecution was struck out.