• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Advice about unsubstatiated, slanderous claims in statements to Court

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Advice about unsubstatiated, slanderous claims in statements to Court

    My Ex has submitted documents to the county court in a matter unrelated to the divorce, but in them are totally untrue statements which make unsubstantiated claims including claims that 3 friends say I am deliberately doing things to cause her pain and distress. She fails to name these people in the statement but a consequence of them being allowed uncontested could affect the outcome of the ongoing case.
    Do I have to start a new claim to the court for slander?
    TIA
    Tags: None

  • #2
    It would be libel, not slander, and you wouldn't have a case, because what has been said was done so in the course of proceedings - that is covered by the defence of absolute privilege, so I wouldn't suggest suing someone in the High Court for that.

    Comment


    • #3
      Originally posted by CLL1 View Post
      It would be libel, not slander, and you wouldn't have a case, because what has been said was done so in the course of proceedings - that is covered by the defence of absolute privilege, so I wouldn't suggest suing someone in the High Court for that.
      Whether it be libel or slander surely a court should not allow false statements to be made and accepted as true fact as that will give a misleading impression to the court and thus give rise to unfair judgement. This especially so when the judge refuses to let the statement of untruth be challenged/questioned.
      It seems highly alien and defying all logic to say that one party in a case has the absolute privilege to make false and misleading claims in an attempt to besmirch the other sides character for to do so would suggest everyone could use such lies without fear of reproach to defend them making a mockery of the law

      Comment


      • #4
        Originally posted by Photega View Post

        Whether it be libel or slander surely a court should not allow false statements to be made and accepted as true fact as that will give a misleading impression to the court and thus give rise to unfair judgement. This especially so when the judge refuses to let the statement of untruth be challenged/questioned.
        It seems highly alien and defying all logic to say that one party in a case has the absolute privilege to make false and misleading claims in an attempt to besmirch the other sides character for to do so would suggest everyone could use such lies without fear of reproach to defend them making a mockery of the law
        making a false statement in Court is covered by contempt of Court.
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          Originally posted by pt2537 View Post

          making a false statement in Court is covered by contempt of Court.
          Therefore I should be able to challenge the other side to prove their statement and when they cannot or if indeed I have evidence to prove it false and given that contempt of court is a serious offence surely the Judge should take penal action against the other side?

          Comment


          • #6
            If it is proven in Court that the otherside have lied by knowingly making a false statement then the Court can on its own motion deal with contempt
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment


            • #7
              Originally posted by pt2537 View Post
              If it is proven in Court that the otherside have lied by knowingly making a false statement then the Court can on its own motion deal with contempt
              The issue I have is the court were refusing to let me question the statements or evidence nor challenge the other side to substantiate their false claims meaning that the court didn't hear what was truth or lies!

              Comment

              View our Terms and Conditions

              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
              Working...
              X