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Judgment has been handed down in an unusual claim for slander of title and harassment.
Jeremy Cowdrey brought a claim for slander of title / malicious falsehood and harassment arising from a campaign of false allegations made by his neighbour about his property. It was Mr Cowdrey’s case that the false statements made by the Defendant, relating to restrictive covenants, flooding, easements for utilities and an earlier boundary dispute were maliciously published by the Defendant and caused the sale of his property for £3.85M to fall through. Mr Cowdrey also alleged that the Defendant’s conduct amounted to harassment under the Protection from Harassment Act 1997.
Claims for malicious falsehood are unusual. Mr Cowdrey had to show that the Defendant had made false statements that was published maliciously, and which caused damage. To establish malice, he had to prove that either the Defendant had a dominant improper motive or that the Defendant knew that the statements was false or was reckless as to their falsity.
For the harassment claim, Mr Cowdrey had to show that the Defendant had engaged in a course of conduct that was oppressive and unacceptable, and which was calculated to cause and did cause him distress.
Mr Cowdrey’s claim was wholly successful in relation to both causes of action.
In a reserved judgment handed down on 14 July 2025, HHJ Evans-Gordon found that the Defendant had made a series of false allegations about Mr Cowdrey’s property in 2023, whilst he was in the process of selling. In relation to many of the statements, the Defendant either knew what she was saying was false or was reckless as to the falsity of those statements. The Defendant had repeatedly insisted that her claims should be published to the prospective purchasers. The judge found that the Defendant was motivated by an improper purpose in that she intended to cause Mr Cowdrey financial loss unless he paid her any price that she sought. The Defendant’s conduct tipped over into a form of “blackmail or maliciousness”. The Defendant’s behaviour also amounted to harassment of Mr Cowdrey.
The judge found that the Defendant’s conduct had caused the loss of a sale of Mr Cowdrey’s property in June 2023, resulting in an award of damages of £150,000. A separate sum of £9,000 was awarded for the anxiety and distress caused by the Defendant’s actions. The Claimant is also entitled to injunctions and declaratory relief to be considered at a further hearing.
Brooke Lyne acted for the successful Claimant, instructed by Forsters LLP.
David Holland KC was involved in the proceedings at an earlier stage.
