"Formal letter of claim" recieved from ex's Solicitor-14 days to reply

[peter p]

My wife and I are in our 70’s and worried beyond words about our daughter (my step) who is 45.
The stress of this situation over the last year or so has seriously affected our health, as well as that of my daughter so please can someone help us.
Last May our daughter attempted suicide, she had been in a relationship for 10 years. After this attempt she opened up to us and her GP about the abuse and violence from her boyfriend
She alone owns the house but she was too scared to move him out. He of his own choice moved out to a rented room yards from her house with full view of it. In October 19 he walked into her house saying he wanted to talk. He attacked her again, she called the Police who removed, arrested and charged him with assault by battering. My daughter never pressed charges or made a statement to the Police. The Police forensic team took photographs of the marks on her neck and of her lounge to record the “mayhem” left behind from the attack. The case was due in court last month but the CPS dropped charges as his solicitor claimed that my daughter attacked him and he was the victim not her. I have seen the letter sent to the CPS by his solicitor and the contents are disgusting.
While waiting his court appearance he approached a joint friend showing him what he claimed were explicit photographs of my daughter. The friend told my daughter and we bought it to the attention of the officer handling the original case. The police spoke to the friend, took a statement and arrested her ex again (revenge porn issue). Due to lack of evidence no charges were made. Again my daughter made no statement (as it was hearsay) or expressed a wish to press charges.
My daughter has just got a letter from her ex’s solicitor claiming “Attempted Malicious Prosecution” for each arrest and are claiming from my daughter, legal cost to date of £3,000 and damages of £4,000. In his letter to the CPS his solicitor says when referring to the above “will result in the likely bankruptcy or sale of Ms XXXXXX home”
I am attempting to answer the solicitor on behalf of my daughter but it’s a nightmare trying to cover so much history and information, 6 pages so far!
I cannot see how there is any claim against my daughter, she asked the Police to provide protection and remove him from her house (trespass), it was the Police’s choice to prosecute and not on her evidence.
The second arrest was made because of someone else’s allegation to the Police and based on their statement that again was not of her making.
My daughter is unable to work at the moment due to anxiety and depression, damaged nerves in her neck (confirmed by MRI scan) suspected cause her ex’s attempts to strangle her and minor spinal degeneration. She is a Farmers daughter and a good hard worker, and is not work shy.
Is she entitled to legal aid ? the loss of house or bankruptcy would finish her and I don’t think she is liable anyway.
More importantly can she be held liable for the claim as she never pressed any charges in either case.
Any advice or opinions would be appreciated.
*

[des8]

Brilliant bullying letter from solicitor!
One can bring a claim for malicious prosecution in CIVIL cases
One can bring a claim against the police or private prosecutors for malicious prosecution in CRIMINAL cases*

I have never heard of a claim for "attempted malicious prosecution"
(it is worth remembering that allegations made to the police are protected by absolute privilege)

To win a claim for actual malicious prosecution,he will need to prove

(1)there was a prosecution
(2) that the original case was terminated in favour of his client
(3)that it caused him damage
(4) that there were no reasonable grounds to support the original case, and
(4) that your daughter was motivated by malice

IMO you should ignore the letters completely and wait and see if they ever actually initiate a court claim.
If you feel you need to rebut his allegations be careful not to enter into letter tennis where you might mistakenly make a detrimental admission.
Otherwise speak with a solicitor, perhaps a fixed price single consultation

[peter p]

Brilliant bullying letter from solicitor!
One can bring a claim for malicious prosecution in CIVIL cases
One can bring a claim against the police or private prosecutors for malicious prosecution in CRIMINAL cases

I have never heard of a claim for "attempted malicious prosecution"
(it is worth remembering that allegations made to the police are protected by absolute privilege)

To win a claim for actual malicious prosecution,he will need to prove

(1)there was a prosecution
(2) that the original case was terminated in favour of his client
(3)that it caused him damage
(4) that there were no reasonable grounds to support the original case, and
(4) that your daughter was motivated by malice

IMO you should ignore the letters completely and wait and see if they ever actually initiate a court claim.
If you feel you need to rebut his allegations be careful not to enter into letter tennis where you might mistakenly make a detrimental admission.
Otherwise speak with a solicitor, perhaps a fixed price single consultation

Thank you for the reply DES8 and the advice, can I prey on your good nature a bit more please.
Do I assume by "civil" its would be heard in County Court?
I agree re letter tennis, I have decide on one short reply/acknowledgement and see what happens. I will, unless advise not to, mainly refer to the 2 additional comments at the bottom of the post.

In answer to your comments in your reply.
(1) there was no prosecution
(2) His defence was that she attacked him, due to suicide attempt she is mentally ill and she drinks too much. Case dropped due to lack of evidence.
(3) He is claiming loss of wages, legal costs and damages for false imprisonment.
(4) His Solicitor claims there was a complete willingness to accept the uncorroborated evidence of the complainant by the Police (it was a he said/she said case)
(4a) there was no malice, my daughter was getting on with life but he kept turning up at her house.

If I may just 2 additions.
The Solicitor says they have "gruesome" pictures of her arm very soon after the attempt. My daughter is the only one with any such images and they have not been shared etc etc she has kept them to herself-hence those images must have been stolen by her ex. long story how but trust me he could have.
Could she have recourse?
Second, daughter has been the victim of several malicious phone calls, one to the local council saying she is claiming a 25% discount but is cohabitating
Council investigated perfectly happy she was not however the Solicitors letter also claims (for what relevance i don't know) that she is cohabitating and has named the individual. Could prove it was, as we suspect, her ex making these calls.
Again any recourse?
*Thank you.

[des8]

This would be a County court claim, and as its value is below £10,000 it most likely be allocated to small claims track.
This has importance because only very limited costs can be recovered from the losing side and it would not be worthwhile the claimant proceeding to court using a solicitor. His fees would absorb most if not all the amount being claimed. Hence the solicitor using lots of scary legal language to try and obtain a payday.

Complaints made to the police are protected by absolute privilege.
If they were false and/or malicious the police could take action for wasting police time or attempting to pervert the course of justice.
The accused cannot initiate a civil case against the informer.
this is a matter of public policy as it would be against public interest to Allow it.
If allowed it could*deter would be reporting of possible crimes by people who gave false or mistaken information but with good intent

Regarding the new incidents you mention, I would just report them to the police.

[peter p]

This would be a County court claim, and as its value is below £10,000 it most likely be allocated to small claims track.
This has importance because only very limited costs can be recovered from the losing side and it would not be worthwhile the claimant proceeding to court using a solicitor. His fees would absorb most if not all the amount being claimed. Hence the solicitor using lots of scary legal language to try and obtain a payday.

Complaints made to the police are protected by absolute privilege.
If they were false and/or malicious the police could take action for wasting police time or attempting to pervert the course of justice.
The accused cannot initiate a civil case against the informer.
this is a matter of public policy as it would be against public interest to Allow it.
If allowed it could deter would be reporting of possible crimes by people who gave false or mistaken information but with good intent

Regarding the new incidents you mention, I would just report them to the police.

Des8
If you can just confirm I have understood this correctly then I am off to celebrate....

My daughter called the Police she was being strangled, in danger therefore needed help.
Police attended saw the state of her lounge, asked my daughter what happened, forensics attended took photos of her lounge and her marks/bruises while the officers located and arrested him. The Police charged him, my daughter refused to make a statement or press charges- through fear!!

On that basis if I understand you correctly she has done nothing wrong, has no liability to compensate him and because of absolute privilege cannot be held responsible, in monetary terms, for a dropped Police prosecution.
and further more-
because of the absolute privilege her ex who the Police charged using their evidence, has no recourse through the civil courts for cost or damages.

In other words she doesn't seem to have anything to worry about because she told the absolute truth.

Have I got it right???
*

[des8]

YES, that is how I understand the situation, but you might like to confirm it just for your own and your daughter's peace of mind with a short one off chat with a solicitor.
I can understand how stressful this must be, and it will be perfectly normal in the darkness of the night for you* to wonder about the advice from an anonymous poster on a public forum.

[peter p]

YES, that is how I understand the situation, but you might like to confirm it just for your own and your daughter's peace of mind with a short one off chat with a solicitor.
I can understand how stressful this must be, and it will be perfectly normal in the darkness of the night for you to wonder about the advice from an anonymous poster on a public forum.

Thank you so much for all your help.
will take your advice.
Stranger or not, your top of my Christmas card list :-)
You dont know what a relief it is to have a strong hope of this being a simple resolution.
I will get your advice checked as you suggest. Will get back to you with the answer.
Thanks again DES8 from me, my wife and my daughter.

[peter p]

YES, that is how I understand the situation, but you might like to confirm it just for your own and your daughter's peace of mind with a short one off chat with a solicitor.
I can understand how stressful this must be, and it will be perfectly normal in the darkness of the night for you to wonder about the advice from an anonymous poster on a public forum.

Sorry DES8 been busy with letters and Solicitors, promised to get back to you so here goes.
Solicitors have said your info has substance but they thought "Qualified Privilege" may be more appropriate.
However after they digested the original letter they literally dismissed it out of hand questioning if the sender was even a proper Solicitor.
First they concentrated on his treatment of my SD. He makes a point about her mental health and then writes bullying, disgusting letter. So they have advised I inform him that I will make a complaint to the SRA for breaching compliance rules. They gave me guidance on my reply with the advice that less is more.
So I have rejected and criticised their letter using the currently sad case of Ms Flack re mental health issues. Have told them to take the matter to court and that we will counter claim to the sum of £25,000 or more. I have not countered any of their claims beside to say their claim should be directed to the CPS who made the decision to prosecute, on Police evidence, it was nothing to do with my SD. Especially considering my SD refused to make a statement, press charges or go to court.
So thats were we are if they proceed on the Solicitor will, for a small fee support me through the next process. I have done County Court before with one out of 5 failures so bring it on I say..........

[des8]

Thanks for the update, and I hope that's the end of the matter for you all.
Who wants the stress of a court case even if winning?

Regarding the question of privilege you might like to read this case:*https://www.bailii.org/cgi-bin/marku...method=boolean* (if you don't want to wade through all of it you could start at para 28)

[peter p]

Thanks for the update, and I hope that's the end of the matter for you all.
Who wants the stress of a court case even if winning?

Regarding the question of privilege you might like to read this case:https://www.bailii.org/cgi-bin/marku...method=boolean (if you don't want to wade through all of it you could start at para 28)

*a case of deja vu...
After you originally mention absolute privilege (post 4) and having never heard of it, I googled it and came across the same case file.
I found para 36 sums it up and was thinking of including that case as a reference, if we go to court, to support our defence.
I have also decided to leave delivery of our reply until the day before the deadline and will deliver it by hand.
Thanks again DES8

[peter p]

Just thought I would update.
Got a very polite reply to my letter, signed off with kind regards??
Solicitor has asked for "my assistance" with the return of a list of what he wants back and most of the list we have agreed to return. I have also agreed to make the return
We have filed for a non molestation order. Because since the original letter, he tried to contact her son against Police instructions. He also made an (what he thought was anonymous) call to the Police about excessive noise from daughters house. Everything was quite when they arrived so the Police rang the number (his) to be told the noise was still going on.
Not a very bright thing to do.
He has now been warned about wasting Police time and harassment of my daughter.
So considering these and past actions we have a strong hope of getting one.

[des8]

Thanks for the update and glad to hear of a satisfactory progression.
Trust your daughters depression is beginning to lift now