October 5, 2025
Willers v Joyce (Re: Gubay deceased) [2016] UKSC 43
A director, Mr Willers, was sued by a company at the behest of Mr Gubay. After successfully defending the claim, Willers sued Gubay’s estate for malicious prosecution. The Supreme Court confirmed the tort can apply to civil as well as criminal proceedings. Facts Mr Willers, a former director of a company called Langstone, was the subject of a civil claim brought by Langstone for alleged breach of contractual and fiduciary duties. Mr Willers contended that the claim was instigated and pursued by Mr Albert Gubay, the ultimate owner of the company, for malicious reasons. Willers successfully defended the litigation brought
