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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Some rather personal accusations have been made about me on

Customer Question

Some rather personal accusations have been made about me on our business tripadvisor page that are totally false can I get redress or make the person withdraw the comments?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What's the nature of the allegations?
Customer: replied 3 years ago.

For Jo C

Ive pasted a snippet below - and have witnesses who will confirm that I did not touch the child! I touched the father on the shoulder and asked him to control his children!


"He then came back, and my Autistic 3 year old daughter, sat on one of the other chairs, in the far corner, just by her self, like she does sometimes. He then came over, and he tapped MY daughter on the shoulder, saying, ''stop it now'', I've told you once!''.
That was it!, my blood was already boiling, I just really wanted to pin this guy against the wall!.
I said ''HEY, you don't tap my daughter on the shoulder, she has AUTISM!''. He did not apologize or anything!!."

Expert:  Jo C. replied 3 years ago.
Am I missing the point? What would be wrong in tapping her on the shoulder?Even if he is allowed to use this dubious disability as an excuse.
Customer: replied 3 years ago.

The more you read into the review the more the complainant seems to suggest it is abuse!

Expert:  Jo C. replied 3 years ago.
Yes, it will. People like him like make allegations of abuse to get attention.

But is this written in a way that would suggest to the reasonable person you've done anything wrong? Whats wrong with touching a child on the shoulder. What's the implication of want he's written?
Customer: replied 3 years ago.

The implication appears to me and those who have read it that I am not fit to be around children in particular the very young and those with learning difficulties. Whilst he will not know it I am a Child Welfare Officer for a sports team and work from time to time in schools with all ages and abilities. If this is seen by my peers both of these avenues will close very quickly. I have already sought comment from the England & Wales Cricket Board as to whether I should stay away until retraction - I am CRB checked for both of these activities!

Expert:  Jo C. replied 3 years ago.
Thanks for that.

These comments may be defamatory. Defamation takes two forms. One is slander which covers the spoken word. The other is libel which covers the written.

You have to prove that the words are defamatory, that they would be understood to refer to you and that they have been published to a 3rd party.

Comments made directly to a person about themselves are not published and so cannot be defamatory however bad or untrue they are. If such contact were to continue it might amount to harassment.

There is no set definition of defamation. A statement is likely to be considered defamatory if it tends to do anyone of the following.

1 lower the claimant in the estimation of right minded members of society

2 disparage the claimant in his business, trade, office or profession

3 expose the claimant to hatred, ridicule or contempt or

4 cause the claimant to be shunned or avoided.

Truth is a defence to defamation. The defendant would have to prove that it was the truth and that is reasonably hard to do so this defence is not often relied upon.

The real difficulty with defamation actions though is that they are very expensive. Unfortunately they are the domain of the very rich. That is not to say that you couldn't send a letter from a local solicitor for reasonable cost warning this person of the laws of libel and slander.

Also, you may want to consider other alternatives. This may amount to harassment which you can report to the police or sue at the civil courts much more economically. It might also be a malicious communication and you can report that to the police.

Hope this helps.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’

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