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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Recently me and my family were involved in a domestic disagreement

Resolved Question:

Recently me and my family were involved in a domestic disagreement with my sister in law. An argument occurred and no agreement was reached. The other party meaning my brother and sister in law left our house and then reported my husband to the police to say he threatened to kill and held a knife. My husband then was arrested and bailed. His statement and further evidence showed that no such thing happened. This was totally false allegations. Since then we have been under a lot of stress and anxiety ad no such incident occurred and we were falsely accused. The police after 2 mths dismissed the case on the fact that this was all false.
I know want advice How to I bring a case against the other party for false allegations causing stress and wasting police time.
My e mail address is
*****@******.***.
Thanks.
Kind regards.
Mrs. S. Ahmad
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.
tdlawyer :

Hello, thanks for your question. My name is ***** ***** I can answer this for you.

tdlawyer :

Your husband may be able to commence civil proceedings against the person that gave false information to the police with an intend to have him prosecuted.

tdlawyer :

He would have to show that they had been malicious in what they were doing, i.e. in other words there was no genuine reason to make the complaint and it was designed to cause you difficulties.

tdlawyer :

Or rather, him difficulties.

tdlawyer :

Hello.

Customer:

Thanks.

Customer:

How much are solicitors likely to charge us for this. and is there a good chance that the other party can be taught a lesson for their wrong doings.

tdlawyer :

Costs are difficult to say, because there are lots of ways of funding a court claim like this, including no win no fee, where you don't pay anything unless you win. But, if you paid by the hour, it could cost anything between £500 and £20,000 or so depending on what needs to be done and how the proceedings progress.

tdlawyer :

If the other party lost at court, then I'd say the damages and costs award would teach them a lesson!

tdlawyer :

But, it's an expensive lesson to have prepared for them really.

Customer:

Is no win no fee a lengthy procedure. Meaning if this is available why would ppl pay by the hour

tdlawyer :

Not all solicitors agree to this type of funding, and it depends on the defendant being able to pay any judgment ordered against them too.

Customer:

Well that's it I just want them to pay for damages for causing unnecessary problem. And that they don't bother us again in the future

tdlawyer :

Hourly rate changes are just much more common in some areas of law. If this was personal injury though, you'd be very unlikely to pay by the hour, and most actions are based on no win no fee agreements.

tdlawyer :

To be honest, the best thing to do is get a solicitors letter written to them, and demand compensation, failing which you could threaten to sue, but it's a big thing to get engaged in litigation like this and it shouldn't be underta***** *****ghtly.

Customer:

What happens if defendant can't pay any judgement against them.and I already have paid solicitors. .

tdlawyer :

Then you get nothing back and it was all pointless from the perspective of recovering money from them.

Customer:

How could I suffer damage from this

tdlawyer :

You might pay out and get nothing back - that';s how you'd suffer from this. Also, you could lose, and you might have to pay their legal costs, which if you had lawyers, means you could pay your costs and theirs.

Customer:

Because the police dismissed the case due to no solid evidence and with all this being false. Is it not likely we would win this against the other party.

tdlawyer :

It is possible, yes. Nothing is ever as simple as that though, because you need to show malice in the reports that were made, not that just that they were "wrong".

tdlawyer :

If you can show malice, then I expect you would find a solicitor that was willing to look at this very carefully for you.

Customer:

How would I show malice

tdlawyer :

Well that's all about the reason they made the complaint. If they did it deliberately knowing it to to be false, with the desire to cause you problems, then I expect that would equate to malice.

Customer:

Oh ok. All this is new and so technical. Never been involved with law before.

tdlawyer :

Yes, law can be very complicated, but we can try and help you with some of the points on here, but there isn't really a substitute when you want to issue a claim then going to see a solicitor.

tdlawyer :

Can I ask whether you're happy with the service I've given this afternoon?

Customer:

Yes. I have been happy with your advice. Showing both sides of the matter.

tdlawyer :

Great - thank you! Is there anything more you would like me to help with you with?

Customer:

That's it thanks. So you think it's best seeing a solicitor if I wanted to take this further. Should it be a family law solicitor or any other expertise

tdlawyer :

Yes, I think that's sensible for you. You would need a commercial or civil litigation solicitor, not a family law solicitor.

Customer:

Ok. Thanks for the advice

Customer:

Kind regards

tdlawyer :

Thank you - hope you manage to get the result you're looking for.

Customer:

Thanks

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