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The scales of justice on a plain background

Smith v Selwyn

1914 · [1914] 3 KB 98

Posted By lanbuk.com

Please note: The rule has been abolished in England; its status in Sierra Leone should be checked.

Facts

The claimant sued in over conduct that also amounted to a felony, before any criminal prosecution of the had taken place.

Issue

Can a civil action in tort proceed for a wrong that is also a felony before the wrongdoer has been prosecuted?

Held

The civil action was stayed until the criminal matter had been dealt with.

Principle

Under the old felony rule, a victim had to see the felon prosecuted (or show a reasonable excuse) before suing in tort.

Why it matters

Shows the historic link between tort and crime. The rule depended on the felony/misdemeanour distinction and has since been abolished in England; check the current position locally.

Cited in these chapters

Topics

TortCriminal

Cite this page

Smith v Selwyn [1914] 3 KB 98 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/smith-v-selwyn> accessed 31 October 2026

The accessed date is today's date. Check your course or publisher's style guide.

This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.