The £15m scandal our libel laws are silencing

Alan White explains how critics of "retail loss prevention" - suing shoplifters - are being threatened with writs.

This is a story you won’t have read too much about, for reasons which will become clear. It starts at the turn of the century, when British high street stores began to allow a number of firms to make “civil recovery” demands for the administrative costs of processing shoplifting cases.

This practice is known as retail loss prevention, and it involves suing thieves in the civil courts. It seems reasonable enough - why should a shop or supermarket lose out just because they’ve caught someone committing a crime? Over the years, the industry grew. Citizens Advice reports that, since 1998, over 750,000 people have received letters demanding substantial sums as compensation for alleged shoplifting or employee theft. Civil recovery firms started to move into other areas. Hotel chains began to use them to chase customers who’d violated their non-smoking policy. Private parking firms went after people who’d violated their restrictions.

And over the years, a clear problem began to emerge. People were being pressed for costs despite not being found guilty of any crime. In one case, a young mother whose toddler opened a drink without paying received a bill for £87.50 for “staff and management time, administration and apportioned security costs”. A typical case was Sam’s. Aged 19, he was dismissed from his job with Tesco in July 2008, for the alleged theft of £4 cash from a till. He subsequently received a letter demanding £191.50, broken down as: £4.00 for the value of “the goods or cash stolen”, £112.50 for “staff and management time”, £33.75 for “administration costs”, and £41.25 for “security and surveillance costs”. Despite criticism from a QC and the Citizens Advice Bureau, the companies insisted that there were civil courts “precedents” which support such claims.

The complaints began to stack up on consumer forums, and the BBC's Watchdog ran a short feature. Oddly, whenever consumers stood their ground, the costs claims rarely seemed to be taken any further. According to Citizens Advice, of the more than 600,000 demands seemingly issued since 2000, only four unpaid demands have ever been successfully pursued in the county court by means of a contested trial.

Citizens Advice began to catalogue a steady stream of cases - no coincidence that they coincided with a rise in self-service checkouts. It soon put together one report, then another, showing that many of these cases were the result of consumer errors, and that many who were guilty had mental health problems and were caught taking extremely low value goods. As Denis MacShane MP told Parliament this year: “In essence, 90 per cent of all shoplifting in our stores is organised by gangs. About 8 per cent or 9 per cent is done by in-house stealing. The tiny one per cent is done—frankly, for the most part—by rather sad people.”

Now the story goes in a different direction. It’s about one civil recovery case, involving two girls who were caught shoplifting from a high street retailer. What happened next is, for the time being, detailed on their lawyer’s website: the case went to court, and the retailer’s assertion that its total losses were almost £137.50 was chucked out of court. Under cross-examination, a security manager agreed the incident had taken one hour and ten minutes to deal with - at a cost of £17, not £98.55 as claimed. He was carrying out his job, not distracted from a core function of it.

What’s interesting is what happened next. The retailer’s agent, Retail Loss Prevention (the biggest firm in the business), instructed libel lawyers Schillings to demand the law firm remove the above link from its website. And this wasn’t the only threat issued by Schillings, who also accused a national official of the Citizens Advice Bureau, Richard Dunstan, of "orchestrating" a three-year long "sustained campaign of harassment and defamation" against it and its staff, asking it to remove the two reports linked to above, and sent letters on behalf of Retail Loss Prevention to various websites.

One of them was the law site Legal Beagles. Like the other parties, it refused to accede to Schillings’ demands. Instead, it decided to publish the letter on its site. So far, this is where the story begins and ends. As MacShane said: “This is a £15 million racket used by a lot of major companies—corporate groups — such as Boots, TK Maxx, Primark, Debenhams, Superdrug and Tesco. They are all shops that we use.”

That the media has shied away from a detailed investigation of the industry, most likely for fear of vexatious litigation, is one thing. And no doubt the PR men have helped out too - does this Wikipedia entry strike you as entirely objective? But that the Citizens Advice Bureau should face legal threats merely for doing its job should tell you all about this country’s ludicrous libel laws. No doubt the billionaires who've journeyed here to settle writs over the last few years have pumped a little into our economy whenever they’ve popped into Harrods. The question is exactly how much we’re willing to receive for our freedom of speech.

Are shops over-zealous about thieves? Photo: Getty

Alan White's work has appeared in the Observer, Times, Private Eye, The National and the TLS. As John Heale, he is the author of One Blood: Inside Britain's Gang Culture.

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The struggles of Huma Abedin

On the behind-the-scenes story of Hillary Clinton’s closest aide.

In a dreary campaign, it was a moment that shone: Hillary Clinton, on the road to the caucus in Iowa, stopping at a Mexican fast-food restaurant to eat and somehow passing unrecognised. Americans of all political persuasions gleefully speculated over what her order – a chicken burrito bowl with guacamole – revealed about her frame of mind, while supporters gloated that the grainy security-camera footage seemed to show Clinton with her wallet out, paying for her own lunch. Here was not the former first lady, senator and secretary of state, known to people all over the world. This was someone’s unassuming grandmother, getting some food with her colleagues.

It might be unheard of for Clinton to go unrecognised but, for the woman next to her at the till, blending into the background is part of the job. Huma Abedin, often referred to as Clinton’s “shadow” by the US media, is now the vice-chair of her presidential campaign. She was Clinton’s deputy chief of staff at the state department and has been a personal aide since the late 1990s.

Abedin first met Clinton in 1996 when she was 19 and an intern at the White House, assigned to the first lady’s office. She was born in Michigan in 1976 to an Indian father and a Pakistani mother. When Abedin was two, they moved from the US to Saudi Arabia. She returned when she was 18 to study at George Washington University in Washington, DC. Her father was an Islamic scholar who specialised in interfaith reconciliation – he died when she was 17 – and her mother is a professor of sociology.

While the role of “political body woman” may once have been a kind of modern maid, there to provide a close physical presence and to juggle the luggage and logistics, this is no longer the case. During almost 20 years at Clinton’s side, Abedin has advised her boss on everything from how to set up a fax machine – “Just pick up the phone and hang it up. And leave it hung up” – to policy on the Middle East. When thousands of Clinton’s emails were made public (because she had used a private, rather than a government, server for official communication), we glimpsed just how close they are. In an email from 2009, Clinton tells her aide: “Just knock on the door to the bedroom if it’s closed.”

Abedin shares something else with Clinton, outside of their professional ties. They are both political wives who have weathered their husbands’ scandals. In what felt like a Lewinsky affair for the digital age, in 2011, Abedin’s congressman husband, Anthony Weiner, resigned from office after it emerged that he had shared pictures of his genitals with strangers on social media. A second similar scandal then destroyed his attempt to be elected mayor of New York in 2013. In an ironic twist, it was Bill Clinton who officiated at Abedin’s and Weiner’s wedding in 2010. At the time, Hillary is reported to have said: “I have one daughter. But if I had a second daughter, it would [be] Huma.” Like her boss, Abedin stood by her husband and now Weiner is a house husband, caring for their four-year-old son, Jordan, while his wife is on the road.

Ellie Foreman-Peck

A documentary filmed during Weiner’s abortive mayoral campaign has just been released in the US. Weiner shows Abedin at her husband’s side, curtailing his more chaotic tendencies, always flawless with her red lipstick in place. Speaking to the New York Observer in 2007, three years before their marriage, Weiner said of his future wife: “This notion that Senator Clinton is a cool customer – I mean, I don’t dispute it, but the coolest customer in that whole operation is Huma . . . In fact, I think there’s some dispute as to whether Huma’s actually human.” In the film, watching her preternatural calm under extraordinary pressure, you can see what he means.

In recent months, Abedin’s role has changed. She is still to be found at Clinton’s side – as the burrito photo showed – but she is gradually taking a more visible role in the organisation overall, as they pivot away from the primaries to focus on the national race. She meets with potential donors and endorsers on Clinton’s behalf and sets strategy. When a running mate is chosen, you can be sure that Abedin will have had her say on who it is. There’s a grim symmetry to the way politics looks in the US now: on one side, the Republican candidate Donald Trump is calling for a ban on Muslims entering the country; on the other, the presumptive Democratic nominee Hillary Clinton relies ever more on her long-time Muslim-American staffer.

Years before Trump, notable Republicans were trying to make unpleasant capital out of Abedin’s background. In 2012, Tea Party supporters alleged that she was linked to the Muslim Brotherhood and its attempt to gain access “to top Obama officials”. In her rare interviews, Abedin has spoken of how hurtful these baseless statements were to her family – her mother still lives in Saudi Arabia. Later, the senator and former Republican presidential candidate John McCain spoke up for her, saying that Abedin represented “what is best about America”.

Whether senior figures in his party would do the same now remains to be seen.

Caroline Crampton is web editor of the New Statesman.

This article first appeared in the 26 May 2016 issue of the New Statesman, The Brexit odd squad