Defamation

Defamation covers libel and slander. Libel is defamation in permanent form (written, radio, tv) or defamation which concerns the applicant's profession or occupation. Slander is defamation in transient form (spoken).
Defences include that the comments made were true - or fair comment. Legal aid is not available for defamation cases. There is nothing to stop a LIP pursuing it.  BUT

Damages have to be proved. That is to say if Bloggins writes something untrue (and damaging to the reputation of) Muggins, shows it to Muggins alone and Muggins circulates it to other people, the defamation will have occurred at the instance of Muggins rather than Bloggins. No case.  If, however, Bloggins wrote it and showed it to Snooks, Muggins would have a case against Bloggins for the damage caused to Muggins - the value of which would be the value of the devaluation of Muggins' reputation in the mind of Snooks. The fact that Bloggins is merely repeating what she heard from Jablonski is irrelevant.

It is rarely a good idea for a person to pursue a case of defamation. The emotional and financial strain involved in proving each strand and deflecting all the defences make it an action that is generally reserved for very rich people (e.g. Oscar Wilde - lost;   Telly Savalas - awarded one penny (?) but bore his own costs;  Neil Hamilton - lost;  Lord Archer - won but the courts later determined he had lied and he was imprisoned for perjury;  Robert Maxwell - threatened it;  and Jonathan Aitken - who lost). It would be incredibly unwise in family proceedings because the falsehood is being published within a tiny circle of involved people who may have a legitimate interest in hearing the allegations, meaning the Ex, her legal team, a CAFCASS person and the judge. The damage to the reputation of the father will be financially minimal (which is all that counts here). I am unaware of any successful defamation case arising out of family proceedings (which does not mean there has never been one).

Be aware of the Defamation Act 1996 under which a procedure now exists for resolution of defamation claims including the award of damages by a judge under the summary disposal procedure.

Instead of defamation, might an action for false imprisonment and / or malicious prosecution be relevant?

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