Cases

Clift v Slough Borough Council & Kelleher

Facts

C was a resident of Slough who witnessed some anti-social behaviour in a local park. She reported it to the Council's anti-social behaviour co-ordinator (ASBO Officer). C was dissatisfied with the way the Officer responded to her report and subsequently complained to the Council. She wrote a letter of complaint to the Council in which she stated  "I am certain I would have physically attacked her if she had been anywhere near me." She repeated a similar sentiment, also as a figure of speech in the past tense at a meeting with K, the Council's Head of Public Protection who was investigating the complaint.

The Council placed C on its Violent Persons' Register for 18 months with a risk rating of medium. The Register was circulated within the Council electronically to Council employees but also to four external partner organisations, which included 50 businesses in the Town Centre Business Initiative and others that would have no contact with C.

K also published an email stating that C had made repeated violent threats to staff to 66 employees of the Council.

C brought proceedings for libel against the Council and K based on publication of the Register and the email. The Defendants relied on defences of justification and qualified privilege. C alleged malice on the part of K. 

The claim was tried before a jury.


 

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