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Stuart J
Stuart J, Solicitor
Category: UK Law
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Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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A person has made a false allegation to the police about me

Resolved Question:

A person has made a false allegation to the police about me and perjured the allegation in court too. She stated that at approx. 2pm on a certain day, I kicked doors in the building and
shouted abuse at her. However, I had left the house at 1.25pm for an interview at 3pm. It is stated on Transport For London website that the journey by tube takes a minimum of 1.22 hours. The person who interviewed me has already provided written evidence under police caution that I attended promptly at 3pm. Can I can sue the person for making a false
allegation about me to pervert the course of justice? This may seem trivial, but the fact is that she has made several false allegations about me that can not easily be disproved, for me it is the principal of the matter to teach her a lesson.
Submitted: 3 years ago.
Category: UK Law
Expert:  Stuart J replied 3 years ago.

You are saying that you cant prove she was lying?

What view do the Police take?

How much would you want to spend sueing her?

Does she have any money?

Thanks

 



Edited by James Law on 12/6/2010 at 4:40 PM EST
Customer: replied 3 years ago.
In other false allegations I cannot prove she was lying, but for this one, I was not at home at the time she alleged. I had left a CD playing when I went out. The police arrested me on the strength of her word alone. I was hoping that it would be minimal cost to sue her, since it is very small matter. Perhaps I could do most of the work myself. Not sure what her income is, but she owns a good car. This is not about getting a lot of money out of her, I don't care about that - it is the principle, to teach her a lesson because she has made several other false allegations, for instance, that I spat at her, which is difficult for me to disprove, although she has no proof herself - because it didnt happen.
Expert:  Stuart J replied 3 years ago.

The comments may be libellous and/or slanderous allegations. Slander is spoXXXXX XXXXXbel is written

You have prove that the words are defamatory, that the words would be understood to refer to you by even one other person; and that the words have been published to a third party.

A libel claimant does not have to prove that the words are false or to prove that he has in fact suffered any loss. Damage is presumed. A slander claimant will need to prove that the defamatory allegations caused actual damage, unless the slander is within certain categories.

There is no set definition of 'defamatory'. A statement may be considered to be defamatory if it tends to do any one of the following:

  • lower the claimant in the estimation of right-thinking members of society generally;
  • disparage a claimant in his business, trade, office or profession;
  • expose the claimant to hatred, ridicule or contempt; or
  • cause the claimant to be shunned or avoided.

Let me warn you now, libel and slander cases are the preserve of the very rich.

Of course fair opinion is not Libel or Slander. So, if I say that "In my opinion ABC is not as good an athlete as XYZ", that is not slander, it is an opinion.

Speaking/writing truth even if defamatory, is not slander/libel but the "offender" may have to prove it true , the recipient does not have to prove it untrue.

BUT you cannot hide behind "In my opinion",. So you can't say "In my opinion he is a thief and a liar with 27 failed marriages behind him". It must be fair opinion with some kind of basis for the opinion.

You can get a solicitor to write to the offender refuting these allegations and advising them that unless these allegation cease forthwith, and there uis a retraction/apology you will make an application to court for an injunction preventing them making any such allegations in future. If they do make any they will be in contempt of court and liable to arrest. The solicitor should threaten to seek the costs of the court proceedings from them. They should also threaten to apply for damages in respect of tarnished reputation.

If you don't want to spend £lots, there is little you can do other than complain or write a solicitors really snotty letter threatening an application for an injunction and costs. BUT..

.

There is one final thing you can do: Go to the Police and ask them to warn here under the Protection from Harassment Act. She is harassing you and it is a criminal offence. Some Police forces dismiss this so you may need to be firm. If necessary, ask to speak to high ranking officer. If they still do nothing, make a formal complaint. Police are undera duty to stop you being harassed.

 

Hopefully, the allegations will stop. It is likely to be jealousy unless you have aggrieved her in some way.

 

If you go to court for an injunction to stop her without proof that she has done this your application will be a costly failure, £2000 at least.

 

A slander/libel claim will be £10,000 plus. and her cost too if you lose

 

A solicitors letter threatening court action may help.

 

 

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Thank you.

Good luck.

Regards

JL

 

 

Customer: replied 3 years ago.
Thank you for your very full reply, but actually all I want to know is can I sue her for making the false allegation mentioned i.e. at 2pm when I was not in. I suffered greatly because I was arrested in the middle of the night and kept in a cell overnight. I was not in on the day/time she alleged. Basically, sue her for making false allegation to pervert the course of justice.
Expert:  Stuart J replied 3 years ago.

You cant just sue her for making a false allegation. It is criminal, not civil. It is police matter.

You do have a cause of action in defamation

JH

Customer: replied 3 years ago.

This a very malicious neighbour. The things she has falsely alleged to the police and testified on oath are:

 

1) That I spat at her in the street on two occasions, 2) That I made threats to her at a time/day when I can prove I was not at home.

 

So, in court, she would have to prove that I did these two things? Because of her lies, I have been arrested, had my DNA taken, kept in a cell overnight and my Criminal Records Bureau check has been permanently damaged. I suffered a terrible amount of distress and am taking strong dose antidepressants. How can I find out the procedure to sue her without paying a solicitor?

 

Expert:  Stuart J replied 3 years ago.

You have nothing to sue her for.

Perhaps harrassment or nuisance but on very flimsy evidence. Sorry but I cant tell you that you have case if you havent.

J

Customer: replied 3 years ago.
So, I get arrested for things I have not done, and she suffers nothing?
Expert:  Stuart J replied 3 years ago.

I am afraid so except as I have already said

I am opting out to let another expert advise you.

Please dont reply because it then comes back to me. J



Edited by James Law on 12/7/2010 at 12:05 AM EST
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20643
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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