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An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
In civil law jurisdictions, abuse of rights (also known as Prohibition of Chicane) is the exercise of a legal right only to cause annoyance, harm, or injury to another. The abuser is liable for the harm caused by their actions.
The term is not defined in statute law, but has been defined in legal cases. One case was Keaveney v. Geraghty, [3] where the plaintiff's libel proceedings were stayed on the grounds that they were, inter alia, frivolous, vexatious, and "an abuse of the process of the Court". The plaintiff was effectively declared a vexatious litigant.
In Queensland, the process for having someone declared a vexatious litigant is governed by the Vexatious Proceedings Act 2005, which supplanted an earlier Act. [5] The Act defines a vexatious proceeding to include a proceeding brought without merit or any prospect of success, with the consequence that it is not necessary to prove the existence of any improper motive in order to obtain relief ...
Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
Abuse of process – A malicious and deliberate misuse or perversion of regularly issued court process not justified by the underlying legal action. Malicious prosecution – Similar to abuse of process , but includes intent, pursuing without probable cause, and dismissal in favor of the victim.
Process crimes are the offenses that "interfere with the procedures and administration of justice". [2] They are prosecuted because they are considered to harm the public interest in the functioning and integrity of the judicial system. [2] There is a broad range of process crimes, covered in the U.S. by a variety of federal and state laws.
English law allows actions for libel to be brought in the High Court for any published statements alleged to defame a named or identifiable individual or individuals (under English law companies are legal persons, and allowed to bring suit for defamation [22] [23] [24]) in a manner that causes them loss in their trade or profession, or causes a ...