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> Other Claims - Malicious Falsehood, Harassment, Negligence
Other Claims - Malicious Falsehood, Harassment, Negligence
Malicious Falsehood
To be successful in a claim for malicious falsehood the claimant must prove that:
A person must not pursue a course of conduct which amounts to harassment of another and which he or she knows or ought to know amounts to harassment of the other. The Act states that ‘harassing’ someone includes alarming them or causing them distress. It also defines a ‘course of conduct’ as having to involve conduct on at least two occasions, and states that such conduct can include speech.
The punishment for harassment can be up to six months’ imprisonment and/or a fine of £5,000. A court may also impose a restraining order for the purpose of protecting the victim of the offence.
A civil claim can also be brought against a person who pursues such a course of conduct. It is a defence to civil or criminal proceedings to show that the course of conduct was:
Negligence
Where a claimant can show that
(a) the defendant owed him or her a duty of care;
(b) the defendant breached that duty by failing to exercise reasonable care; and
(c) the claimant has suffered loss, he or she can recover compensation in respect of statements made to third parties which have adversely affected his or her relationship with that third party.
For example, a former employee can bring a claim in negligence where his or her former employer provides an inaccurate and damaging reference to a prospective employer.
To be successful in a claim for malicious falsehood the claimant must prove that:
- The defendant published words about the claimant which were false;
- They were published maliciously; and
- The publication has caused special damage.
- If the words are likely to cause economic damage to the claimant and are published in writing or another permanent form.
- If the words are likely to cause economic damage to the claimant in respect of any office, profession, calling, trade or business held or carried on by him at the time of the publication.
A person must not pursue a course of conduct which amounts to harassment of another and which he or she knows or ought to know amounts to harassment of the other. The Act states that ‘harassing’ someone includes alarming them or causing them distress. It also defines a ‘course of conduct’ as having to involve conduct on at least two occasions, and states that such conduct can include speech.
The punishment for harassment can be up to six months’ imprisonment and/or a fine of £5,000. A court may also impose a restraining order for the purpose of protecting the victim of the offence.
A civil claim can also be brought against a person who pursues such a course of conduct. It is a defence to civil or criminal proceedings to show that the course of conduct was:
- Pursued for the purpose of preventing or detecting crime.
- Pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment.
- Was reasonable in the particular circumstances.
Negligence
Where a claimant can show that
(a) the defendant owed him or her a duty of care;
(b) the defendant breached that duty by failing to exercise reasonable care; and
(c) the claimant has suffered loss, he or she can recover compensation in respect of statements made to third parties which have adversely affected his or her relationship with that third party.
For example, a former employee can bring a claim in negligence where his or her former employer provides an inaccurate and damaging reference to a prospective employer.
