Frances Gibb, Legal Editor
Download 'Too Hot', an exclusive Specials track from iTunes
A woman who sued her neighbours for libel and slander after they told police that she had pruned their trees without permission has paid a high price for her action.
Yesterday a leading libel judge, Mr Justice David Eady, threw out both her claims, leaving her with a bill of nearly £80,000 in costs. The judge described it as a neighbours’ dispute that some might think had been blown out of proportion. It had undoubtedly caused “considerable distress and alarming expense to all concerned”.
The dispute between Barbara Buckley and James and Melanie Dalziel, of Rochdale, began in 2005. While the Dalziels were on holiday, the judge said, Mrs Buckley, who is in her fifties, authorised pruning of trees and bushes on or near the boundary between their properties. When the Dalziels, who are in their thirties, returned, they were upset at what they found.
Mrs Buckley claimed that the pruning was confined to branches overhanging or protruding into her land by at least a foot and that it had been necessary because she was having a fence built towards the edge of her land and the branches were “obstructing the process”.
But the Dalziels reported the matter to Greater Manchester Police and Mrs Buckley was arrested. The Crown Prosecution Service decided not to take action and Mrs Buckley began libel and slander actions, accusing her neighbours of being malicious in contacting the police.
Mr Justice Eady held yesterday that Mr Dalziel’s written statement to the police was a “privileged” communication and that he was therefore “immune” from being sued for libel. He also held that Mrs Buckley had left it too late before issuing proceedings.
Lawyers said after the ruling that the Dalziels’ legal bill, which Mrs Buckley will have to pay, is estimated at £27,000. Mrs Buckley, who was represented by a QC, is said to have a legal bill of about £50,000.
As defamation actions went, the judge said, the allegation was relatively trivial. He said: “Any allegation of criminal conduct has to be taken seriously, and I have no doubt that Mrs Buckley did suffer anxiety and distress over the police involvement.” But he added: “It is important to have in mind, on the other hand, that there is little or no damage to reputation, and the primary purpose of any defamation claim is to vindicate and restore reputation.
“Mrs Buckley was not accused of criminal behaviour in a vacuum. Mr and Mrs Dalziel pointed out to the police what she had done and invited them to come and see the consequences. Whether it amounted to a criminal offence, therefore, is perhaps of less significance than what she had actually done to the trees and shrubs.
“It is unreal to suggest that her reputation in the eyes of the police officer was actually damaged at all as a result of anything said by Mrs Dalziel.”
Although damage to reputation was not the only factor to be taken into account when assessing damages in such cases, it was in this case the main focus of complaint. The judge added that any distress was not confined to Mrs Buckley and, were she allowed to continue, the stress would be prolonged for the Dalziels.
More distress and damage was likely to be caused to Mrs Buckley if the case continued, with attendant publicity. The added stress might be thought disproportionate to any advantage that Mrs Buckley might gain from being allowed to proceed, he added.
The judge said that the Dalziels were now planning to move house.
Mrs Dalziel said last night: “My husband and I have been very upset by what has happened over the last couple of months.” The £27,000 awarded would not cover all their costs, she said.
Mrs Buckley, who lives with her daughter, did not comment on the case. Her solicitor, Jon Roberts, of the East Midlands firm Nelsons, said that it had been a very upsetting time for Mrs Buckley. “She is obviously very disappointed by the judgment and intends to appeal.”
Articles from our sister site WSJ.com:
You may be asked to subscribe to read certain articles
Win a luxury weekend to Newcastle and its neighbour Gateshead, find out more here
Risk, resilience and embracing new technology
Industry sectors news at a glance. Interactive heatmap, video and podcast
Discover the power of collective thinking. Submit a solution and be in with a chance to win a Media Hub Home Entertainment System
The inside track on current trends in the charity, not for profit and social enterprise sectors
Everything the Business Traveller needs to know to make a better trip
Make the most of the summer and enter our fabulous photographic competition, you could win a £5000 holiday
Corsica is an island of beauty and contrast, an ideal holiday destination
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
The clever way to lease a new car is with Car leasing made simple™
2009
per month on 36-month
Personal Contract Hire (PCH)
2008
42850
Car Insurance
£24,250 - £30,346
MI5
London
£60,000
The Environment Agency
Bristol
Up to £90K
Boots
Midlands
OTE £85k
Credit Protection Association
Nationwide Opportunities
Completely London
Luxury Condo's in Manhattan with NYC views
The best new homes in Wimbledon?
Nationwide
Fabulous Cruise And Cruise & Stay Offers Including Virgin Atlantic Flights Prices Start From Only £699pp!
Last Minute Cruise And Cruise & Stay Offers. Med From £499pp, Caribbean From £699pp!
5 star quality at a 3 star price.
8 fabulous Canadian cities ...you won’t find cheaper
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Property Finder | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
Seriously, is this the best use of police time? Now this neighbours' dispute must be reported when either house is sold, which may have a negative impact on the price obtained. There really are some head-bangers about.
Andrew Milner, Karuizawa, Japan
Mrs Buckley was arrested by a professinal police officer simply on the say so of her neighbour FOR PRUNING?
I think she aimed her case at the wrong persons! I never thought I would ever say this outside of a joke, but haven't these officers got something better to do with their time?! What about all these kids that are getting stabbed and shot every day?
Lee, Woking,
This gives hedge-fund a new meaning - a hedge fund of £80,000 into lawyers' pockets. And I suppose the arresting officers came from Special Branch. Perhaps they should all turn over new leaves now.
Eric, harrogate, uk
Mrs Buckley's solicitor or legal team is the one who should foot this bill. It appears that he wrongly advised her that she had a case. The solicitor should gave known about the slander laws re time limits and the restriction on libel statements contained within police statements. Mrs Buckley should get a different legal team to look into suing her first legal team
Lynda Plum, London, england