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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience:  Over 5 years in practice
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hi Could asked what the correct way to go forward with this

Resolved Question:

hi
Could asked what the correct way to go forward with this neibour from hell.

We received a card from our local environmental office saying they received a complaint about cutting up wood pallet and doing this every week . which is total a lie and we pile them up high ,again a lie. The office came to see my wife and siad they had received the email from some one but could not tell us the email address, the officer if we as the police to ring them they could tell them the email address. What should i do as i would like sort out this person in court and claim for damage , also i have other people on the close for evdience of this neibour action but i am not given to his emails Please can you help IAN Duerden
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

What would you like to know about this?
Customer: replied 3 years ago.

Hi joe


 


Which way forward with this i would like to take civil action, but need this email to council , the officer that called said if we get the police call her she will give the the email address so i can found out where it was sent , as think the neibourgh from hell sent it and is all lies, he upsetting my wife and other neibours on the crescent . what should i do and what damages in civil law can i do to him?

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

Im not sure what action you want to take against him? For what exactly?

Sorry if I'm missing the point.
Customer: replied 3 years ago.

allegation about my wife and i , he gets away with sending letter and email to local authories I will not stand for this person to get away again and want to bring him to court and claim damages on these allegation that he made by email can tell my what to do/ ian

Expert:  Jo C. replied 3 years ago.
Can you prove that he made these allegations?

I thought they were anonymous or at least undisclosed?
Customer: replied 3 years ago.

yes but need to get email address , then could found if it from is work computer in Manchester were he works, if this matchest we will have a case to take him to court , I am correct? ian


 


 

Expert:  Jo C. replied 3 years ago.

There is no way that Environmental Health are going to disclose that I'm afraid. They have a policy of not disclosing things of that nature to prevent reprisals.

The only hope you have of getting access to that information is to seek an injunction order forcing the authorities to hand over the identity of the complainer. That is expensive to do I'm afraid but its your only option if you are intent.

Also, it would be irresponsible of me not to mention this point even though its not what I want to say. Even if you got the details of the complainer, if the only issue here is that somebody has made a complaint that you burn wood pellets then that is not the worst defamation. Remember that to prove a defamation you have to show that the allegation would have reduce you in the minds of reasonable people.

Quite frankly, I'm not sure that an allegation that you burn would wood pellets would have that effect.

A better option might be in harassment although you would have to show more than one allegation to get home on that point.

Another option is a malicious communication which can be reported to the police but they would have to proof that at the time of the report the complainer knew it was not true.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

how much would injunction cost and would this help me or the other harassmemt or the police ?

Expert:  Jo C. replied 3 years ago.
Several thousand pounds or thereabouts.

You can make a report to the police for free but I would brace yourself to be told this is a civil matter. They are very inconsistent about things like that.

You would need the identity of the complainer to sue in either defamation or harassment.
Customer: replied 3 years ago.

yes so he won and got away again , just another letter write by him , like the one to there neiubours . could i go to court and get a asbore against him?

Expert:  Jo C. replied 3 years ago.
You can't do anything without his identity. In any event, you cannot seek an ASBO. Only the Council or the police can do that.

If he is making a series of false or trivial allegations then, in the end, the Council will act against him. They are much more aware of false allegations than the police in my experience. At least, the police know that people make false allegations but they very rarely act against them whereas the council are willing to seek ASBOs against people who keep making false claims.
Customer: replied 3 years ago.

should i get my lawer send him a strong letter ?

Expert:  Jo C. replied 3 years ago.
Not at this stage. You've got no evidence it was him.

If you are going to spend several thousand on an injunction then you might as well sue him. There's no point in just sending a solicitor's letter then.

If you take the view that is not worth the money then don't write to him making allegations against him. He will just use that against you or at least there is a risk of that.

If you don't want to spend money on an injunction then try reporting it to the police. They may not be interested but it costs nothing to find out.
Customer: replied 3 years ago.

thank you for the answer , i think i report to our police and see what happens , i will then sue as there no other option left for to do. ian

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
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