Westcott v Westcott

Westcott v Westcott

Complaints made to the police, whether oral or written, that initiate a criminal investigation are protected by absolute privilege in defamation claims. This immunity applies from the earliest moment the criminal justice system is engaged, regardless of whether the complainant is later called as a witness or whether the complaint leads to prosecution. The necessity to protect the administration of justice and encourage reporting of crime outweighs the risk of protecting malicious complainants.

Parties
Appellant: Richard Anders Westcott; Respondent: Dr Sarah Westcott
Jurisdiction
England and Wales
Judgment Date
15 July 2008
Procedural Posture
Civil Appeal / Appeal From Queen’s Bench Division on Preliminary Issue
Outcome
appeal dismissed
Legal Topics
Absolute Privilege, Qualified Privilege, Malicious Prosecution, Human Rights (article 8 Echr)
Defamation Criminal Law Civil Procedure Absolute Privilege Qualified Privilege Malicious Prosecution Human Rights (article 8 Echr)

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Parties

Richard Anders Westcott

Appellant

Dr Sarah Westcott

Respondent

Procedural Posture

Civil Appeal / Appeal From Queen’s Bench Division on Preliminary Issue

Legal Issues

  1. 1 Whether a person who makes a complaint to the police, instigating a police investigation which does not lead to prosecution, is protected by absolute privilege in defamation claims, or only by qualified privilege.

Ratio Decidendi

Complaints made to the police, whether oral or written, that initiate a criminal investigation are protected by absolute privilege in defamation claims. This immunity applies from the earliest moment the criminal justice system is engaged, regardless of whether the complainant is later called as a witness or whether the complaint leads to prosecution. The necessity to protect the administration of justice and encourage reporting of crime outweighs the risk of protecting malicious complainants.

Court Disposition

appeal dismissed

Orders

  • Judgment for the respondent; claim dismissed with costs.