Q. After a really bad argument last weekend my now ex girlfriend called the police to complain that I had assaulted her and our young baby. I did no such thing and find the suggestion that I did disgusting. Although the Police have told me that they do not intend to take any action against me, I do not feel this is sufficient to clear my name and I wonder whether I am able to sue my ex for defamation?
A. Technically, there is nothing to stop you from doing so. However, I would advise against it as your claim would almost certainly be dismissed. This is because statements made to the police in order to report a potential crime are regarded as being privileged in law. This means that you cannot sue on the basis of these statements.
Q. But she made this accusation out of malice. Doesn't that make a difference?
A. It doesn't I'm afraid. Clearly it is in the interests of society as a whole that crimes are reported, investigated and, where appropriate, prosecuted. The first stage in this process is for the crime to be reported to the police and if people were concerned that they could be sued for doing so it would result in less potential crimes being reported. I would suggest therefore that you draw a line under this unfortunate incident and move on.
Should you have any queries regarding this or related issues please contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk.
