– Defences against Malicious Prosecution
Defenses Against Malicious Prosecution
Probable Cause (Reasonable Grounds)
The defendant had reasonable and honest belief that the original prosecution or proceedings were justified.
If the defendant can show that there was a genuine basis or sufficient evidence to initiate the case, this is a strong defense.
Lack of Malice
The defendant acted without malice or improper motive.
If the prosecution was initiated with honest intention to seek justice, not to harass or harm, this can be a defense.
No Initiation or Continuation of Proceedings by Defendant
The defendant did not initiate, continue, or instigate the proceedings.
Merely giving evidence or information is generally not enough to hold liable for malicious prosecution.
Settlement or Withdrawal by Plaintiff
If the plaintiff voluntarily withdrew or settled the case, the defendant may argue there was no wrongful prosecution.
Lack of Damage
The plaintiff has suffered no actual damage or injury due to the proceedings.
Summary Table:
| Defense | Explanation |
|---|---|
| Probable Cause | Reasonable grounds for initiating proceedings |
| Absence of Malice | Honest intention, no improper motive |
| No Initiation by Defendant | Defendant didn’t start or continue the case |
| Voluntary Withdrawal | Plaintiff stopped proceedings voluntarily |
| No Damage | Plaintiff didn’t suffer any harm or loss |
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