Alleged defamatory statements in Tribunal Papers

This case concerns a Child Support Reforms appeal by an absent parent wanting to reduce maintenance. Our client, the parent with care, has submitted as part of the appeal papers information that the AP finds ‘defamatory, factually incorrect ,slanderous’. This has been put on our Council-headed paper and co-signed by the rep and the PwC. Everything has been couched in ‘I submit that…’ and there are allegations of aggression/non-harassment agreement being being signed with police.
Legal action is being threatened. Any advice on the legal standing of a submission in such an instance please?
Thanks.

I think that this will depend entirely on the purposes of the document, its function in the proceedings and the status of the body to which the statement has been issued. However, it seems to me that this is analogous with a witness statement in court proceedings. Witness statements are subject to “absolute privilege”, which means that the fact that the statement was made in the course of and for the purposes of court proceedings is a total defence to any defamation action.

This is obviously essential. In many types of court cases a lot of mud is slung about. People accuse each other of all sorts of things and it is the court’s job to work out what is true. If witnesses cannot say what they believe (or want the court to believe) then the hearing isn’t going to do a lot.

To be defamation, the statement must be false (if it is true that is also a defence), defamatory (which this clearly would be if false) and identifying the complainant (ditto). It must also be “published” to someone other than the complainant and in circumstances which do not themselves attract privilege. Making a statement to a court and its officers would be such an occasion. To whom has the complainant been defamed - to whom published (other than perhaps by himself showing it to people saying “look what X is saying about me”, which doesn’t count)?

I could write you a letter making all sorts of defamatory and totally untrue statements knowing perfectly well that it was all a pack of lies, but as long as it was only you that read it (or showed it to other people), that isn’t defamation.

Thank you Ariadne, that’s been really helpful.  The paperwork is clearly solely for and to the Tribunal in this case.

One of our solicitors has also now suggested witness intimidation too, as the appellant should have addressed the issue to the court rather than the witness. Ironically, as the accusations of defamation and slander refer to alleged intimidation of the parent with care by the absent parent, QED. Thanks again.