davidjt 0 Posted April 20, 2010 Share Posted April 20, 2010 I have been threatened with libel action by a business for reporting a possible theft by one of the business's employees to the police. Items of very low value were taken from my house by a letting agent without my permission. I reported this as a theft to the local police and made a statement. Because of the low value the police suggested that I resolve the matter with the letting agent directly and said that I should come back if I had any problems. I approached the letting agent who is now threatening me with libel and has demanded that I withdraw my statement (I have recieved several letters from the Agents solicitors). I am now worried about reporting back to the police. Should I/could I also report the letting agent for possibly perverting the course of justice? Link to comment Share on other sites More sharing options...
Damsel + 2,111 Posted April 20, 2010 Share Posted April 20, 2010 (edited) I am assuming that this is a real life incident, rather than a scenario? In which case... Our standard disclaimer: This forum is not intended as a legal advice drop-in centre. PoliceSpecials.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material on this site, including - but not limited to - the documents available in the 'Reference Library' and 'Downloads' areas. Please note that comments and advice given here with the best of intentions by the host, moderators or other users of the forum may not be correct, and that any advice given, in particular advice on the law and its application, is no substitute for personal legal advice from a solicitor. --- Having said that, Libel is a civil matter, and not one that the police would be (or would get) involved in. But, I would still go back to the police and report what has happened, because blackmail definitely is a police matter. And this certainly sounds to me as if the letting agent is attempting to blackmail you into silence. I'd also be tempted to instruct my own solicitor to write back to theirs in no uncertain terms. Letting agents very often have 'pet' solicitors. One firm that they put all of their work through, and which will write any letters the letting agent wants (within reason of course) in order to keep that very lucrative business. It wouldn't do any harm to contact your local citizens advice centre either. Edited April 20, 2010 by Damsel Link to comment Share on other sites More sharing options...
bensonby + 3,503 Posted April 20, 2010 Share Posted April 20, 2010 I'd seek legal advice....but surely something perverse would be going on if they could sue for libel for reporting suspicions? Would that mean that anyone who reported suspicion to police that didn't result in a conviction would be open to being sued. Surely things reported to the police generally aren't public domain and, as such, the company could prove no loss of business &c. in any case. I'm no libel solicitor so these are merely the musing of an ignorant man - rather than an constructive advice. As I said before, speak to a solicitor... Link to comment Share on other sites More sharing options...
Giraffe + 56 Posted April 20, 2010 Share Posted April 20, 2010 (edited) Likewise I am no expert on libel, but I cannot imagine that reporting your suspicions to the police could ever be libellous. If that were the case then officers would also be at risk when they arrest people on suspicion of offences. To the OP - have you done anything beyond telling the police? If you were to go around telling your neighbours (for example) that the Agents are a bunch of thieves then it may amount to libel, but not reporting it to the police. Edited April 20, 2010 by Giraffe Link to comment Share on other sites More sharing options...
ninetyone 153 Posted April 20, 2010 Share Posted April 20, 2010 What a crock of . They are totally winging it, you haven't published anything so it nowhere near libel. Damsel is bang on with the comment about their pet solicitors btw. Now get your own, and ask them to write an very angry letter back hinting that you are considering reporting them to the SRA. 1 Link to comment Share on other sites More sharing options...
davidjt 0 Posted July 5, 2011 Author Share Posted July 5, 2011 (edited) Threatening a witness with libel for reporting a crime with the purposes of deterring the investigation of that crime is in itself a criminal offence. In this instance it is probably more serious than the original offence. In R v Kellett [1976] 1 QB 372, - defamation was used to intimidate a witness. Edited July 5, 2011 by Damsel Font changed for ease of reading Link to comment Share on other sites More sharing options...
bensonby + 3,503 Posted July 5, 2011 Share Posted July 5, 2011 Indeed, you're looking at PCJ.... What happened with this? Link to comment Share on other sites More sharing options...
killicksparker 0 Posted July 5, 2011 Share Posted July 5, 2011 I was under the assumption that you could only be sued for libel if you knowingly wrote something that was untrue. A defence to libel is that statements made in a good faith and reasonable belief that they were true are generally treated the same as true statements; however, the court may inquire into the reasonableness of the belief. The degree of care expected will vary with the nature of the defendant. Opinion is also defence. If the allegedly defamatory assertion is an expression of opinion rather than a statement of fact, defamation claims usually cannot be brought because opinions are inherently not falsifiable. Allowable defenses are justification (the truth of the statement), fair comment (whether the statement was a view that a reasonable person could have held), and privilege (whether the statements were made in Parliament or in court, or whether they were fair reports of allegations in the public interest). When you make a statement to the police you sign under the Criminal Justice Act s9 'This statement ......is true to the best of my knowledge and belief etc etc so you are signing that you, in good faith and reasonable belief, believe what you are saying is true - therefore you have a defence in law Thats my 3 pennyworth anyway, but I am not a lawyer Link to comment Share on other sites More sharing options...
Guest Posted July 5, 2011 Share Posted July 5, 2011 Not a scenario, moved to Help Me. Link to comment Share on other sites More sharing options...
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