Can you sue opposing lawyer in a courtcase for slander?
Can you sue opposing lawyer in a courtcase for slander?
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robbocop33

Original Poster:

1,207 posts

137 months

Wednesday 17th October 2018
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From what i've read online, i've heard that certainly in the U. S lawyers are protected in whatever they say in court by 'litigation priveleges', basically they can't be sued for slander/libel for whatever they come out with to defend their client.
Does this apply in the U. K too? , or is their an equivalent phrase to cover them and allow to say whatever they want over here? Thanks.

Meoricin

2,880 posts

199 months

Wednesday 17th October 2018
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What kind of scenario are you envisaging here, exactly?

Pro Bono

685 posts

107 months

Wednesday 17th October 2018
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robbocop33 said:
From what i've read online, i've heard that certainly in the U. S lawyers are protected in whatever they say in court by 'litigation priveleges', basically they can't be sued for slander/libel for whatever they come out with to defend their client.
Does this apply in the U. K too? , or is their an equivalent phrase to cover them and allow to say whatever they want over here? Thanks.
I can't speak for Scotland, which has its own legal system, but anything said in a court in England and Wales is privileged, which means it can't be used as a basis for a defamation claim. It's known as “judicial proceedings immunity”.

agtlaw

7,404 posts

236 months

Wednesday 17th October 2018
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Pro Bono said:
I can't speak for Scotland, which has its own legal system, but anything said in a court in England and Wales is privileged, which means it can't be used as a basis for a defamation claim.
Correct.

Vaud

59,548 posts

185 months

Wednesday 17th October 2018
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agtlaw said:
Correct.
"Absolute privilege"?

Pica-Pica

16,606 posts

114 months

Wednesday 17th October 2018
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Vaud said:
agtlaw said:
Correct.
"Absolute privilege"?
What if the alleged offensive content is reported in a newspaper?

martinbiz

3,699 posts

175 months

Wednesday 17th October 2018
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Pica-Pica said:
What if the alleged offensive content is reported in a newspaper?
Then it will always be qualified with words such as "Alleged" or "the court was told" " a jury heard" etc etc