Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Qualified Privilege or Defamation?

  • 09-07-2019 07:45PM
    #1
    Elite Woad Raider
    Closed Accounts Posts: 77 ✭✭


    I have a brainteaser. Pablo is in a rental agreement with Maria and leases an apartment from her. Maria is an old school Landlord and casually enters Pablo's apartment on an occasional basis. Pablo objects to this and raises the issue with the Private Residential Tenancy Board. A hearing is scheduled for the following month.

    Maria hasn't officially registered Pablo as a tenant and becomes enraged by this fearing that the authorities might discover that she hasn't declared her income correctly. In retaliation, knowing that Pablo is an immigrant in her country, although legally, Maria contacts the immigration board by email and accuses Pablo of sexual harassment and watching pornographic material in his apartment. She also issues him an eviction notice.

    She takes a copy of her email and submits it as evidence to the Private Residential Tenancy Board and during the hearing, Pablo receives a copy of this email. Pablo is shocked by her allegations and believes Maria has acted with malice.

    Can Pablo sue Maria for defamation?


Comments

  • #2
    Irishphotodesk
    Registered Users, Registered Users 2 Posts: 1,896 ✭✭✭Irishphotodesk


    No disrespect intended, if this is a real query... Go consult a solicitor.

    If this is a student query, there's a subforum for that.

    My opinion, (not legally trained) not worth the effort, it would result in a tit-for-tat and possibly goto court resulting in possibly a judgement but no payout.


  • #3
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Of course he can sue. I am sure that is not what you intended to ask though.


  • #4
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    I assume this is a hypothetical from a "new" poster. Leaving it here for discussion subject to forum rules


  • #5
    Elite Woad Raider
    Closed Accounts Posts: 77 ✭✭Elite Woad Raider


    What about absolute privilege? In Westcott v Westcott [2008] EWCA Civ 818, Richard Westcott sued his daughter in law for making false complaints to the police. He claimed the complaints amounted to defamation. The judge found that the doctrine of absolute privilege applied because the false complaints were made to an authority.

    I think the same logic applies here.


  • #6
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Absolute privilege is a defence. It doesn't stop a person suing.


  • Advertisement
  • #7
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    "Pablo" needs to go see a solicitor asap.


  • #8
    evolving_doors
    Closed Accounts Posts: 11,812 ✭✭✭✭evolving_doors


    Mr. Incognito wrote: »
    "Pablo" needs to go see a solicitor asap.

    :rolleyes: That could be said of any post on here.

    Mod
    Maybe so, but we also like to encourage some discussion
    Also any lawyer learns something new each day


Advertisement