English rule in Maryland

2004As the Court of Appeals observed in One Thousand Fleet: “Maryland has steadfastly adhered to the so-called ‘English’ rule that no action will lie for the malicious prosecution of a civil suit when there has been no arrest of the person, no seizure of the property of the defendant, and no special injury sustained which would not ordinarily result in all suits prosecuted for like causes of action.” 346 Md. at 44 , 694 A.2d 952 (quoting Sagner, 185 Md. at 207 , 44 A.2d 441 ).

2004As the Court of Appeals observed in One Thousand Fleet: “Maryland has steadfastly adhered to the so-called ‘English’ rule that no action will lie for the malicious prosecution of a civil suit when there has been no arrest of the person, no seizure of the property of the defendant, and no special injury sustained which would not ordinarily result in all suits prosecuted for like causes of action.” 346 Md. at 44 , 694 A.2d 952 (quoting Sagner, 185 Md. at 207 , 44 A.2d 441 ).

2001O’Connor v. Estevez, 182 Md. 541, 555 , supra. The law is said to be, in Restatement, Trusts, Sec. 44, and Restitution, Sec. 182, that a constructive trust arises if (a) the transfer was procured by fraud or other wrongful act; or (b) if the transferee was in a confidential relation to the transferor; or (c) if the transfer was made as security for an indebtedness of the transferor.

2001O’Connor v. Estevez, 182 Md. 541, 555 , supra. The law is said to be, in Restatement, Trusts, Sec. 44, and Restitution, Sec. 182, that a constructive trust arises if (a) the transfer was procured by fraud or other wrongful act; or (b) if the transferee was in a confidential relation to the transferor; or (c) if the transfer was made as security for an indebtedness of the transferor.

1993In Pennsylvania, for example, it was held in Simrell v. Eschenbaeh, 303 Pa. 156 , 154 A. 369 , that a motorist was guilty of contributory negligence as a matter of law when he operated his automobile at night at the rate of 25 miles per hour and ran into a truck, which was parked on the road without lights, and which he could not avoid hitting because he could not see it on account of a storm until he was within 20 feet of it.

1993In Pennsylvania, for example, it was held in Simrell v. Eschenbaeh, 303 Pa. 156 , 154 A. 369 , that a motorist was guilty of contributory negligence as a matter of law when he operated his automobile at night at the rate of 25 miles per hour and ran into a truck, which was parked on the road without lights, and which he could not avoid hitting because he could not see it on account of a storm until he was within 20 feet of it.

1974Co. v. Sagner, at 185 Md. 207 : “Regardless of the attitude of the courts of other jurisdictions, concerning which there is much conflict, and regardless of the contrary view indicated in Restatement — Torts, Vol. 3, page 442, *548 Maryland has steadfastly adhered to the so-called ‘English’ rule that no action will lie for the malicious prosecution of a civil suit when there has been no arrest of the person, no seizure of the property of the defendant, and no special injury sustained which would not ordinarily result in all suits prosecuted for like causes of action.” And see McNamee v. Minke,

1974Maryland adopted the English rule in McNamee v. Minke, 49 Md. 122 (1878); see generally Supreme Lodge American Protective League v. Unverzagt, 76 Md. 104, 105-06 , [Supreme Lodge American Protective League v. Muverzagt (sic),] 24 A. 323 (1892). 2 .

2016“For witnesses, parties, and judges, we employ the ‘English’ rule, which provides that the putative tortfeasor enjoys absolute immunity from civil liability, even if the statement is wholly unrelated to the underlying proceeding.” Norman v. Borison, 418 Md. 630, 650 , 17 A.3d 697 (2011).

2016“For witnesses, parties, and judges, we employ the ‘English’ rule, which provides that the putative tortfeasor enjoys absolute immunity from civil liability, even if the statement is wholly unrelated to the underlying proceeding.” Norman v. Borison, 418 Md. 630, 650 , 17 A.3d 697 (2011).

2010Nevertheless, “for the privilege to apply, the statement must be made to further a purpose falling within the public interest underlying the privilege, i.e. the unfettered disclosure of information needed for a judicial or quasi-judicial decision-making process.” Woodruff v. Trepel, 125 Md.App. 381, 399 , 725 A.2d 612 (1999).

2010Nevertheless, “for the privilege to apply, the statement must be made to further a purpose falling within the public interest underlying the privilege, i.e. the unfettered disclosure of information needed for a judicial or quasi-judicial decision-making process.” Woodruff v. Trepel, 125 Md.App. 381, 399 , 725 A.2d 612 (1999).

2007Reichardt, 374 Md. at 367 , 823 A.2d at 569 ; Korb v. Kowaleviocz, 285 Md. 699, 703-04 , 402 A.2d 897, 898-99 (1979); Schaub, 116 Md. at 138-39 , 81 A. at 792 .

2007Reichardt, 374 Md. at 367 , 823 A.2d at 569 ; Korb v. Kowaleviocz, 285 Md. 699, 703-04 , 402 A.2d 897, 898-99 (1979); Schaub, 116 Md. at 138-39 , 81 A. at 792 .

2004As the Court of Appeals observed in One Thousand Fleet: “Maryland has steadfastly adhered to the so-called ‘English’ rule that no action will lie for the malicious prosecution of a civil suit when there has been no arrest of the person, no seizure of the property of the defendant, and no special injury sustained which would not ordinarily result in all suits prosecuted for like causes of action.” 346 Md. at 44 , 694 A.2d 952 (quoting Sagner, 185 Md. at 207 , 44 A.2d 441 ).

2004As the Court of Appeals observed in One Thousand Fleet: “Maryland has steadfastly adhered to the so-called ‘English’ rule that no action will lie for the malicious prosecution of a civil suit when there has been no arrest of the person, no seizure of the property of the defendant, and no special injury sustained which would not ordinarily result in all suits prosecuted for like causes of action.” 346 Md. at 44 , 694 A.2d 952 (quoting Sagner, 185 Md. at 207 , 44 A.2d 441 ).

2001In Fasman v. Pottashnick, 188 Md. 105 , the Court found no facts sufficient to establish a constructive trust but gave this negative statement of the law: “We find in this case no actual fraud, or any circumstance amounting to constructive fraud, or any facts and circumstances that produce a situation where it would be inequitable to allow Rosen’s heirs or devisees to retain title to the properties in question.” The opinions in Carter v. Abramo, 201 Md. 339, 343 , and Nowell v. Larrimore, 205 Md. 613, 621 , although they do not flatly so hold, suggest that the rule in this State may be as broa

2001In Fasman v. Pottashnick, 188 Md. 105 , the Court found no facts sufficient to establish a constructive trust but gave this negative statement of the law: “We find in this case no actual fraud, or any circumstance amounting to constructive fraud, or any facts and circumstances that produce a situation where it would be inequitable to allow Rosen’s heirs or devisees to retain title to the properties in question.” The opinions in Carter v. Abramo, 201 Md. 339, 343 , and Nowell v. Larrimore, 205 Md. 613, 621 , although they do not flatly so hold, suggest that the rule in this State may be as broa

2001In Trossbach v. Trossbach, 185 Md. 47 , supra, Judge Markell, for the Court, set forth the English rule and the rule in this country, as we have discussed them, and found it unnecessary to decide the correctness of the suggestion of the Restatement, Trusts, and of Scott on Trusts that every conveyance on an oral trust *234 shows a confidential relation.

2001In Trossbach v. Trossbach, 185 Md. 47 , supra, Judge Markell, for the Court, set forth the English rule and the rule in this country, as we have discussed them, and found it unnecessary to decide the correctness of the suggestion of the Restatement, Trusts, and of Scott on Trusts that every conveyance on an oral trust *234 shows a confidential relation.

2001In Fasman v. Pottashnick, 188 Md. 105 , the Court found no facts sufficient to establish a constructive trust but gave this negative statement of the law: “We find in this case no actual fraud, or any circumstance amounting to constructive fraud, or any facts and circumstances that produce a situation where it would be inequitable to allow Rosen’s heirs or devisees to retain title to the properties in question.” The opinions in Carter v. Abramo, 201 Md. 339, 343 , and Nowell v. Larrimore, 205 Md. 613, 621 , although they do not flatly so hold, suggest that the rule in this State may be as broa

2001In Fasman v. Pottashnick, 188 Md. 105 , the Court found no facts sufficient to establish a constructive trust but gave this negative statement of the law: “We find in this case no actual fraud, or any circumstance amounting to constructive fraud, or any facts and circumstances that produce a situation where it would be inequitable to allow Rosen’s heirs or devisees to retain title to the properties in question.” The opinions in Carter v. Abramo, 201 Md. 339, 343 , and Nowell v. Larrimore, 205 Md. 613, 621 , although they do not flatly so hold, suggest that the rule in this State may be as broa

2001In Fasman v. Pottashnick, 188 Md. 105 , the Court found no facts sufficient to establish a constructive trust but gave this negative statement of the law: “We find in this case no actual fraud, or any circumstance amounting to constructive fraud, or any facts and circumstances that produce a situation where it would be inequitable to allow Rosen’s heirs or devisees to retain title to the properties in question.” The opinions in Carter v. Abramo, 201 Md. 339, 343 , and Nowell v. Larrimore, 205 Md. 613, 621 , although they do not flatly so hold, suggest that the rule in this State may be as broa

2001In Fasman v. Pottashnick, 188 Md. 105 , the Court found no facts sufficient to establish a constructive trust but gave this negative statement of the law: “We find in this case no actual fraud, or any circumstance amounting to constructive fraud, or any facts and circumstances that produce a situation where it would be inequitable to allow Rosen’s heirs or devisees to retain title to the properties in question.” The opinions in Carter v. Abramo, 201 Md. 339, 343 , and Nowell v. Larrimore, 205 Md. 613, 621 , although they do not flatly so hold, suggest that the rule in this State may be as broa

1997Co., S.A. v. Salen Dry Cargo A.B., 825 F.2d 709, 715 (2d Cir.1987) (New York law required federal court “to deny enforcement of the London judgment as conflicting with New York’s public policy of deferring to foreign [Swedish] bankruptcy proceedings”); Ackermann v. Levine, 788 F.2d 830 (2nd Cir.1986) (foreign judgment for attorneys’ fees enforced in part and refused enforcement in part); Laker Airways v. Sabena Belgian World Airlines, supra, 731 F.2d at 931 (“a state is not required to give effect to foreign judicial proceedings grounded on policies which do violence to its own fundamental int

1997Co., S.A. v. Salen Dry Cargo A.B., 825 F.2d 709, 715 (2d Cir. 1987) (New York law required federal court "to deny enforcement of the London judgment as conflicting with New York's public policy of deferring to foreign [Swedish] bankruptcy proceedings"); Ackermann v. Levine, 788 F.2d 830 (2nd Cir.1986) (foreign judgment for attorneys' fees enforced in part and refused enforcement in part); Laker Airways v. Sabena Belgian World Airlines, supra, 731 F.2d at 931 ("a state is not required to give effect to foreign judicial proceedings grounded on policies which do violence to its own fundamental in

1997Co., S.A. v. Salen Dry Cargo A.B., 825 F.2d 709, 715 (2d Cir.1987) (New York law required federal court “to deny enforcement of the London judgment as conflicting with New York’s public policy of deferring to foreign [Swedish] bankruptcy proceedings”); Ackermann v. Levine, 788 F.2d 830 (2nd Cir.1986) (foreign judgment for attorneys’ fees enforced in part and refused enforcement in part); Laker Airways v. Sabena Belgian World Airlines, supra, 731 F.2d at 931 (“a state is not required to give effect to foreign judicial proceedings grounded on policies which do violence to its own fundamental int

1997Co., S.A. v. Salen Dry Cargo A.B., 825 F.2d 709, 715 (2d Cir. 1987) (New York law required federal court "to deny enforcement of the London judgment as conflicting with New York's public policy of deferring to foreign [Swedish] bankruptcy proceedings"); Ackermann v. Levine, 788 F.2d 830 (2nd Cir.1986) (foreign judgment for attorneys' fees enforced in part and refused enforcement in part); Laker Airways v. Sabena Belgian World Airlines, supra, 731 F.2d at 931 ("a state is not required to give effect to foreign judicial proceedings grounded on policies which do violence to its own fundamental in

1997Co., S.A. v. Salen Dry Cargo A.B., 825 F.2d 709, 715 (2d Cir.1987) (New York law required federal court “to deny enforcement of the London judgment as conflicting with New York’s public policy of deferring to foreign [Swedish] bankruptcy proceedings”); Ackermann v. Levine, 788 F.2d 830 (2nd Cir.1986) (foreign judgment for attorneys’ fees enforced in part and refused enforcement in part); Laker Airways v. Sabena Belgian World Airlines, supra, 731 F.2d at 931 (“a state is not required to give effect to foreign judicial proceedings grounded on policies which do violence to its own fundamental int

1997Co., S.A. v. Salen Dry Cargo A.B., 825 F.2d 709, 715 (2d Cir. 1987) (New York law required federal court "to deny enforcement of the London judgment as conflicting with New York's public policy of deferring to foreign [Swedish] bankruptcy proceedings"); Ackermann v. Levine, 788 F.2d 830 (2nd Cir.1986) (foreign judgment for attorneys' fees enforced in part and refused enforcement in part); Laker Airways v. Sabena Belgian World Airlines, supra, 731 F.2d at 931 ("a state is not required to give effect to foreign judicial proceedings grounded on policies which do violence to its own fundamental in

1997Refusing enforcement of the judgment in Maryland, the United States Court of Appeals held that the “English rule of preclusion is so much at odds with normal American notions of litigation that no American jurisdiction would readily embrace it.” Andes v. Versant Corp., supra, 878 F.2d at 150 . 13 Other recent cases refusing to recognize or enforce foreign judgments or court orders on public policy grounds include, e.g., Overseas Inns S.A.P.A. v. United States, 911 F.2d 1146 (5th Cir.1990) (Luxembourg judgment, based upon treating the United States Government as a general creditor rather than a

1997Refusing enforcement of the judgment in Maryland, the United States Court of Appeals held that the "English rule of preclusion is so much at odds with normal American notions of litigation that no American jurisdiction would readily embrace it." Andes v. Versant Corp., supra, 878 F.2d at 150 . [13] Other recent cases refusing to recognize or enforce foreign judgments or court orders on public policy grounds include, e.g., Overseas Inns S.A.P.A. v. United States, 911 F.2d 1146 (5th Cir.1990) (Luxembourg judgment, based upon treating the United States Government as a general creditor rather than

1997Refusing enforcement of the judgment in Maryland, the United States Court of Appeals held that the “English rule of preclusion is so much at odds with normal American notions of litigation that no American jurisdiction would readily embrace it.” Andes v. Versant Corp., supra, 878 F.2d at 150 . 13 Other recent cases refusing to recognize or enforce foreign judgments or court orders on public policy grounds include, e.g., Overseas Inns S.A.P.A. v. United States, 911 F.2d 1146 (5th Cir.1990) (Luxembourg judgment, based upon treating the United States Government as a general creditor rather than a

1997Refusing enforcement of the judgment in Maryland, the United States Court of Appeals held that the "English rule of preclusion is so much at odds with normal American notions of litigation that no American jurisdiction would readily embrace it." Andes v. Versant Corp., supra, 878 F.2d at 150 . [13] Other recent cases refusing to recognize or enforce foreign judgments or court orders on public policy grounds include, e.g., Overseas Inns S.A.P.A. v. United States, 911 F.2d 1146 (5th Cir.1990) (Luxembourg judgment, based upon treating the United States Government as a general creditor rather than

1991The issue in In re Besade, 76 B.R. 845 (Bankr.M.D.Fla.1987), was whether the English rule of Flureau v. Thornhill, 2 W.

1991The issue in In re Besade, 76 B.R. 845 (Bankr.M.D.Fla.1987), was whether the English rule of Flureau v. Thornhill, 2 W.

1990The opinion by Judge Cooley in Hammond v. Hannin, 21 Mich. 374 (1870), citing many cases in this country applying the English rule, was reviewed.