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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71046
Experience:  Over 5 years in practice
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hi me and my wife had a fall out with another couple and the

Customer Question

hi me and my wife had a fall out with another couple and the wife of the other couple recieved a black eye from falling on my wife when she was attacking my wife but they tried to make out i did it and me and my wife was arrested, they made false statements to the police and spread the rummer that i did it of which caursed problems at school for my 13 yr old son of whom goes to school with there daughter, and caused problems for my 20 yr old son at the local pub where he works of which caused him to leave, but after witness statements was made and the officer in charge had studied everything it was proofed they were lying and the cps dropped everything of which we was happy as this was xmas eve, but during the procedure i was under the doctor for depression and i still am and also my wife has had to sell her shop, can i sue for there lying
Submitted: 5 years ago.
Category: Law
Expert:  Jo C. replied 5 years ago.
What is your loss?
Customer: replied 5 years ago.

the incident happened 6-11-2012 i havnt been able to work since and its effected my social life and my charactor my wife has had to sell her shop as he has a shop near by and he caurses her problems, but they lied and we was falsly arrested and accused it was only due to a good wpc and honest statments that they were found out to be lying

Expert:  Jo C. replied 5 years ago.
I'm really sorry but you will struggle to take action over this.

There are offences in making a false statement to the police but any prosecution arising needs to be brought by the police and thereby CPS. You cannot force them to prosecute. You could take over a private prosecution for perverting but it will be very expensive and the truth is that the chances of success are low. The fact that the case was dropped against you does not prove that the allegation is false. It is one thing to show that an allegation is disbelieved and another to show it is false. The one is capable of proof and the other is often not.

You can sue her for defamation. You will still have to show that the offence did not take place as reported which is not as easy as showing that it failed but at least its on the civil standard of proof. However, its a very expensive action and there is no legal aid. Unless they have funds or assets there isn't much point in suing them anyway as you would never get the money from them even if you won. Further, many of the losses that you claim are too remote from the unlawful act I'm afraid for any compensation to be awarded. Since its criminal conduct there would be a presumption in your favour of losses but I'm afraid a Court is not going to say they are liable for the fact that you haven't worked since the allegation.

I'm very sorry but thats your position.