[3] The pleading in question, namely the statement of claim, alleges that the plaintiffs are victims of two torts, namely, the tort of malicious prosecution and that of abuse of process. When we put to counsel when he opened his appeal that the former tort is limited to cases where a criminal prosecution terminates in favour of the plaintiff he readily withdrew that head of complaint before us. Accordingly, we find it unnecessary to say anything further on that part of the case.

[4] In so far as the latter tort is concerned, the starting point, we think, is the dissenting judgment of Lord Denning MR in Goldsmith v. Sperrings Ltd & Ors [1977] 1 WLR 478: