Not if the statement is made in court papers as part of legal proceedings.
Defamation claims are horrendously expensive so unless you want to risk/waste/lose at least £10k dont even think of going there.
I would be sueing her backside off for the money though.
Surely she has to at least provide proof of "illness" caused to her animals. Surely she can't just blacken my husband's name? I've no intention of going for costs over this as I realise it would be expensive. I spent many many hours on my statement to the court to ensure I didn't say anything which wasn't true and for which I couldn't provide proof. It seems unbelievable that this very immature 21 year old can be allowed to make such a derogatory pronouncement and not give evidence of that.
I am agreeing to mediation through the Court to try and resolve the matter although she may not. However, during the discussion I thought I would be able to suggest that particular statement is potentially libellous.
I can fully appreciate how youfeel. However, if what you say was the case, then everyone who brings apersonal injury claim alleging that somebody else injured them, and if theylose, they would face a defamation claim from the winner. It just does nothappen.
I appreciate everything youare sending your statement is true, but I am sure that you do not need me totell you that occasionally other people are economical with the truth andsometimes they lash out, sometimes verbally.
By no stretch of the veryvivid imagination is there a defamation claim here, although there is no pointin saying that you are of the opinion that her comments are potentiallylibellous. It will give you satisfaction, but if she takes advice, she willsimply be told to ignore it.
I appreciate that this isprobably not the answer you wanted but there is no point in me misleading you.
Can I help further?
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So I really didn't need to be so careful with my statement and, if I'd said the girl was a nasty lying little toe-rag (for example), that would've been OK?
I have a form to complete an Allegation Questionnaire and in the section "other information" I can request info to be supplied by the other party. I am going to ask for proof that my husband made her horses ill. I know she can't because it simply isn't true as our other tenants attest. I can at least do that, surely?
Our stables are assisted DIY and for this they had stables, grazing, 6.30 a.m. turnout, and any holiday cover. My husband also brings them in if the tenants can't get to the farm for any reason and they still only pay £13.60 per animal. Their animals were always cared for even though that wasn't a guaranteed part of the deal.
They left their last stables owing an even larger sum than they owe us and I intend to ask this stable owner to be a witness if mediation doesn't work.
I am also intending to submit statements from former tenants as to my husband's care and commitment to their animals - and they are very happy to do this. Can you suggest anything else I can do?
You would be castigated by thejudge.
Imagine what she said wascorrect BUT you defended it saying that what she said was incorrect. She wouldn'thave a defamation claim.
The wording is that you "put thedefendant to strict proof of her allegation."
She appears to blaming you forany illness which you werent contracted to deal with in any event. Raise thatin reply to defence.
The fact that they owe anotherstable is immaterial.
The other statements areuseful but are mere testimonials not really relevant to any care to this client.
I know what you're saying but we feel the witness and testimonials serve as a character reference for my husband and to show these people to be liars and repeat offenders.
I'm now getting the feeling from your replies that the law is on the side of the offender and I don't stand a chance of winning this.
I will use the sentence as you suggest and any others you can provide.
On the contrary. I would be taking give this all the wayto the court and letting a judge decide. I hate people who come up with aspurious defence to a claim for money.
All the correspondence you were exchange now is liable tobe produced in court and therefore your replies need to be factual and requestsneed to be formal.
I would tell them that you are of the opinion that theirclaim is spurious and you require them to let you have a copy of any expertevidence they have which links the standard of care that you werecontractually bound to provide to any illness which they are animalallegedly suffers. Put them to strict proof of the causal link (that theillness was caused by your failure).
I've just been trying to rate your service and finish this chat but I keep getting "access denied" - so I hope my rating and payment gets through.
Thanks - I think we got there in the end!