Defamation suits against complainants and consumers

A reader has asked whether you can be sued for defamation over your Small Claims Tribunal claim against a company. You cannot be sued for defamation as regards your claims in any lawsuit or in respect of anything you say inside court. This is called absolute privilege.

However, as regards what you say outside court - beware. The defence of qualified privilege (which is partial protection) might protect you if you make your defamatory comments only to those who have a duty or interest in receiving your comments. 2 examples of this -

a)complaints to the government regulator of the company you are complaining about;

b)complaints about the behaviour of a club or association member in relation to club matters, to fellow members of a club of which you are also a member.

Please note that being a busybody about other's behaviour may lead to you losing this protection of qualified privilege.