Absolute privilege

Westcott v Westcott CA TLR 27 August

In defamation proceedings, the claimant sought discovery of a complaint made about him by the defendant to the police. The Court of Appeal upheld the judge’s decision as a preliminary issue that any oral or written statement made to the police by the defendant was protected by absolute privilege and/or immunity from suit. The court rejected the claimant’s contention that as no prosecution had ensued the statements should not be treated as part of the investigation, but rather a step to instigate the investigation and therefore enjoyed only qualified privilege. The action was dismissed with costs.