fbpx

Council Held to Account Over False Claims

7th February 2017 By Arman Khosravi

Press releases circulated by public authorities enjoy a high level of credence and are widely published across the media. However, their accuracy is not guaranteed and, in one case, a man who was wrongly accused of causing the death of rare breed cattle in his care secured £9,000 in libel damages from a local authority.

After the council mounted a successful prosecution, the man was convicted of five counts of neglecting the welfare of his cattle. Amongst other things, he failed to take reasonable steps to ensure that they received adequate fresh water or a wholesome diet. However, it was never alleged in the context of the criminal proceedings that he had caused the death of any of the animals concerned.

The council circulated a strongly-worded press release to the media following the convictions, which received a great deal of local and national publicity. It stated in terms that the man’s neglect of his herd had led to the death of three cows. After he launched proceedings, the council conceded that that allegation was defamatory and made an offer of amends.

In assessing the level of the man’s damages, the High Court noted that he could not be viewed as wholly innocent and that the fact of the convictions had caused some damage to his good name in any event. However, given the wide republication of the defamatory words in the press release and the public revulsion he subsequently endured, his reputation had been seriously harmed.

Source: Concious

Latest News

Tenants Can Purchase Freehold When Landlord Cannot Be Found

11th June, 2024 By

The Leasehold Reform, Housing and Urban Development Act 1993 gives qualifying leaseholders the right to join together to buy the freehold of their properties – a process known as collective enfranchisement. A recent case demonstrated that this right can be exercised even when the landlord cannot be found. The leaseholders of two flats in a terraced house wished to purchase it from the landlord, but were unable to ascertain his whereabouts and therefore could not serve notice on him under Section 13 of the Act. They therefore applied for an...

Court Refuses to Set Aside Divorce Order Applied for by Mistake

6th June, 2024 By

While the courts have a range of powers to set aside orders, they will only exercise them in limited circumstances. In a somewhat surprising case that has attracted much comment, the High Court declined to set aside a final order of divorce that had been applied for by mistake. A couple separated in January 2023, after more than 21 years of marriage. In October that year, while financial remedy proceedings were still ongoing, the wife's legal representatives inadvertently applied for a final order of divorce in respect of her instead...

Waiting Time for Grants of Probate Falls

3rd June, 2024 By

Following concerns last year about delays in processing probate applications, recent figures from HM Courts and Tribunals Service show that waiting times for grants of probate are continuing to improve. The average time from submission of a probate application to probate being granted fell to 11.3 weeks in March 2024, a decrease from 13.7 weeks in February and 13.8 weeks in January. This is the lowest figure since March 2023, when the average was 10.8 weeks. The longest waiting time since then was in November, at 15.8 weeks: that month,...

Late Appeal Against Tax Penalties Rejected

31st May, 2024 By

It is incumbent on taxpayers to make sure they fully comply with their obligations to file returns and pay any tax due. The point was illustrated by a recent case in which a taxpayer whose return had not been received by HM Revenue and Customs (HMRC) failed to persuade the First-tier Tribunal (FTT) that he should be permitted to appeal against the resulting penalties. On the evening of 31 January 2014, the man had completed his 2012/13 Income Tax return on HMRC's website. Shortly afterwards he went to Cyprus, and...