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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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Hello, hope you are well. I have a question about defamation.

Customer Question

Hello, hope you are well. I have a question about defamation. May i ask please?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Yes, go on?
Customer: replied 3 years ago.

I am a headhunter i put a comment on a public website about a case where a person sues an institution for a huge payout for discrimination . i said that "this person is just lazy and doesn't want to work and dishonest. I based my comments on a particular article where it was said that this person resigned and then rejoined , constantly went on long sick leaves and the court dismissed more than half of those claims because the person did not have evidence. i assumed that that if this person cannot prove more then half of her claims it means this person is dishonest and the fact that this person constantly off work sick because of the stress in my view is just lazy. can it be qualified as defamation or just as my opinion even though i am a headhunter and this person's reputation is already not great. thank you

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

I don't think you can escape the fact that these are comments that are capable of being defamatory. From what you say, this person probably will think they are and will take action as he is a litigious person. I'm afraid there are people who just plain cannot see the difference between the type of thing that is beneath attention and the type of thing worthy of legal action.

The point that you are making basically is that the comments you made are either true or, if you cannot show truth, that they were reasonable comments in the circumstances.

Obviously the language you used was colloquial and could have been more guarded than it was but you are making a very valid point which is that this is a person who is often off sick and bringing allegations that do not withstand scrutiny.

There might be a fight involved but overall you would probably win.

The only thing that does concern me is the use of the word dishonest. The fact that his claims are rejected doesn't mean he is dishonest. It might just mean that he is wrong or very petty and the claims were not considered serious enough. However, overall, I think that could be put down to industrial language and you did have to describe the fact that this person has a propensity to engage in litigation somehow.

Can I clarify anything for you?

I'm just offline for 30 mins but I'll be back later if thats OK?

Jo
Customer: replied 3 years ago.

Thank you very much Jo. I have one more question actually two if i may.


What could be an average damage claim for statements like mine and what can do to minimise the costs. Sincerely. M

Expert:  Jo C. replied 3 years ago.
Has this person suffered loss?

In what form?
Expert:  Jo C. replied 3 years ago.
Hello

Are you ok?

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