Westcott v Westcott

Westcott v Westcott

Both the Defendant's oral and written statements to the police are protected by absolute privilege and immunity from suit, as they are part of the process of investigating a possible crime. There is no rational basis to distinguish between complainants and other witnesses in this context, and public policy requires that those who provide information to the police should be able to do so freely without fear of defamation claims, even if the statements are malicious.

Parties
Claimant: Richard Westcott; Defendant: Sarah Westcott
Jurisdiction
England and Wales
Judgment Date
30 October 2007
Procedural Posture
Defamation (slander and Libel) / Determination of Preliminary Issue on Absolute Privilege
Outcome
Claim struck out
Legal Topics
Absolute Privilege, Qualified Privilege, Immunity From Suit, Witness Statements, Complaints to Police
Defamation Tort Law Civil Procedure Absolute Privilege Qualified Privilege Immunity From Suit Witness Statements Complaints to Police

Case Brief

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Parties

Richard Westcott

Claimant

Sarah Westcott

Defendant

Procedural Posture

Defamation (slander and Libel) / Determination of Preliminary Issue on Absolute Privilege

Legal Issues

  1. 1 Whether oral and written statements made by the Defendant to the police are protected by absolute privilege and/or immunity from suit in defamation

Ratio Decidendi

Both the Defendant's oral and written statements to the police are protected by absolute privilege and immunity from suit, as they are part of the process of investigating a possible crime. There is no rational basis to distinguish between complainants and other witnesses in this context, and public policy requires that those who provide information to the police should be able to do so freely without fear of defamation claims, even if the statements are malicious.

Court Disposition

Claim struck out

Orders

  • The Defendant's oral and written statements to the police are protected by absolute privilege and immunity from suit.
  • The claim is struck out.