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MALICIOUSLY PROCURING THE ISSUE AND EXECUTION OF A SEARCH WARRANT: EASIER ACCESS TO A REMEDY?

Published online by Cambridge University Press:  30 March 2001

LAURA DAVIDSON
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Abstract

Until recently, it was not certain whether or not the malicious procurement of the issue and execution of a search warrant was an actionable tort. Indeed, the only reported successful claim for damages in English law in such an action was the ancient case of Elsee v. Smith (1822) 2 Chit. 304. However, judicial confirmation of the existence of the tort has finally been given in a landmark Privy Council case, Brian Gibbs and others v. John Mitchell Rea (The Times, 4 February 1998).

Type
Case and Comment
Information
The Cambridge Law Journal , Volume 57 , Issue 2 , July 1998 , pp. 235 - 273
Copyright
© Cambridge Law Journal and Contributors 1998

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