Malicious prosecution

Malicious prosecution is the institution of legal proceedings against a person. It is only actionable in tort if the proceedings were uninitiated both maliciously and without reasonable and probable cause and they were unsuccessful. The tort of malicious prosecution may consist of the institution of criminal or bankruptcy proceedings against another or liquidation proceedings against a company. It may also consist of Procuring the arrest and imprisonment of another by means of judicial process, Civil or Criminal, or to cause execution to issue against the property of judgment debtor. In this tort damage must be pleaded and proved.