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£77,000 bill in battle of the borders between warring neighbours
04 May 2007
Barbara Buckley, from Rochdale, failed in her bid to sue the couple next door for defamation after their complaints that she had pruned the greenery without permission led to her arrest.
The couple, James and Melanie Dalziel, both 35, went to the police in September 2005 after returning from holiday to find work had been carried out.
Despite Mrs Buckley's protests that she chopped only what was overhanging her property, she was arrested for criminal damage.
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Neighbours at war (posed by models): Barbara Buckley failed in her bid to sue the couple next door for defamation after their complaints that she had pruned the greenery without permission led to her arrest
Lawyers chose not to prosecute but Mrs Buckley decided to sue IT manager Mr Dalziel for libel and Mrs Dalziel for slander over their complaints to police.
Mr Justice Eady at the High Court in London ruled, however - that the slander action was launched beyond the legal time limit.
The libel was dismissed because police statements are protected by the law of privilege.
Mrs Buckley, who is in her 60s, must now pay her own costs of £50,000 and the £27,000 bill incurred by the Dalziels, who put their £400,000 home on the market as a result of the row.
The judge said: "I have no doubt that Mrs Buckley did suffer distress over the police involvement."
But he added: "All Mr and Mrs Dalziel did was to point out to the police what she had done."
The judge said it might be better to "draw a lin" under "these unfortunate events".
Mrs Buckley's solicitor, Jon Roberts, said: "Mrs Buckley made the difficult decision to proceed with a civil suit to prove that her neighbours had maliciously told lies to the police about her, leading to the trauma of her being arrested, interviewed, fingerprinted and bailed."
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