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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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If someones threatens me and roughs me up just a tiny bit then

Resolved Question:

If someones threatens me and roughs me up just a tiny bit then if I then tell other people can the person who did it pretend it din't happen and sue me for defamation?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

If it happened, and you're only repeating what happened, then it is not defamation at all. It can't be defamatory if it's the truth.

tdlawyer :

So no, he can't sue you for defamation.

Customer:

Hello,

Customer:

This guy is a terrible liar. Can he deny it and then try to sue me for defaming him? As I understand it I as the defendant have to prove what I said was true?. How can I do this when it was just the two of us althougth I can describe it all in detail? Would I have been better going to the police if he is going to deny it? Have you heard of a case of Defamation in a situation like this? I never even touched him.

tdlawyer :

He cna deny it, but then this is something that would be raised in cross examination at trial. It will come down to whether the judge believes you or him really. Yes, the claimant has to prove that the statement was made, then the defendant has to show that it was true.

tdlawyer :

I have seen this type of thing before, but in all honesty, these types of cases never go very far because of the expense of defamation proceedings. It's rarely really ever pursued to court. People often say they will sue all the time, but in a decade of legal practice, I've known somebody follow through with threats like that once!

Customer:

We are a small development of ten flats and there has been a big dispute (not legal) He has been hounding me in writing and ironically rubbishing me with the neighbour. I thought the neighbours should know what had happened so I e-mailed them and advised I had walked away to avoid trouble. I described his actions as pushing me back all the time and that he was being aggressive. If he does try to sue me would I need to back down because of the costs of defending myself which is pretty disgusting given he roughed me up?

Customer:

If He does sue would I be wise to counter sue as I have a great deal of written evidence of rubbishing my reputation?

Customer:

I'm sorry I should have asked am I better going to the police as he will need to lie to them on his actions? would this help me?

tdlawyer :

hi

tdlawyer :

The police are unlikely to assist I'm afraid.

tdlawyer :

You can try and if they speak with him even, that might be enough to sort some of the issues out?

Customer:

OK. What do you think about my actions to let my fellow Residents know what he had done?. Another Resident has been subject to abuse so it was a way to warn him. Is it better to roll over if I receive a letter even though I told the truth? The odd seem to be stacked against the defendant.

tdlawyer :

Personally, I woudn't roll over, but it does depend on the evidence. Not many people challenge it to trial on a 50:50 basis, depending on who the judge believes, so that's worth taking into account. I do wonder whether, in reality, he would pursue you for defamation in any event.

Customer:

OK, thanks.

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