The Law Reports (Appeal Cases)
[2014] AC 366
Privy Council
Crawford Adjusters (Cayman) Ltd
v
Sagicor General Insurance (Cayman) Ltd
[on appeal from the Court of Appeal of the Cayman Islands]
[2013] UKPC 17
2013 Jan 22,
23;
June 13
Lord Neuberger of Abbotsbury PSC, Baroness Hale of Richmond, Lord Kerr of Tonaghmore, Lord Wilson, Lord Sumption JJSC
Tort— Cause of action— Abuse of process— Insurers bringing action for damages against surveyors based on allegations of fraud and conspiracy in respect of property repairs— Claim withdrawn before trial— Surveyors counterclaiming damages for abuse of process— Whether insurers’ conduct within scope of tort of abuse of process
Tort— Cause of action— Malicious prosecution— Insurers bringing action for damages against surveyors based on allegations of fraud and conspiracy in respect of property repairs— Claim withdrawn before trial— Surveyors counterclaiming damages for abuse of process— Insurers’ conduct not within scope of tort of abuse of process— Whether tort of malicious prosecution capable of being committed in respect of bringing of civil proceedings— Whether surveyors entitled to damages for malicious prosecution