Until recently, it was not certain whether or not the malicious procurement of the issue and execution of a search warrant was an actionable tort. Indeed, the only reported successful claim for damages in English law in such an action was the ancient case of Elsee v. Smith (1822) 2 Chit. 304. However, judicial confirmation of the existence of the tort has finally been given in a landmark Privy Council case, Brian Gibbs and others v. John Mitchell Rea (The Times, 4 February 1998).