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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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Hi There,I was forwarded an email from a previous company

Resolved Question:

Hi There, I am an independant consultant in the Health and Social Care sector.  I was forwarded an email from a previous company I worked at, an email from the MD who was appointed after me with this section in: 'This is very concerning, as Lorna has a restraining covenant in her contract withSurecare. As well as being a failed Managing Director who was being exited from thecompany for poor performance, she is named with the courts as a bankrupt and therefore notallowed to advise anyone on their business.' I can evidence that everything in it is untrue, an absolute defamation of my professional and personal character. What can I do? Lorna Lyons-Smith

Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name isXXXXX and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

Just to clarify: to whom was the origknal e-mail sent? Is there any truth to the allegation of being bankrupt and poor performance?
Customer: replied 2 years ago.

Hi Alex,


The email was originally sent to a current client of mine, a franchisee: I used to be the MD at the company who sent him the email, the franchisee, my client, found me on the UKHCA website when I opened my own consultancy business and he was looking for support in business development, this contact was long after any restrictive convenants had expired.


I resigned from the company after being head hunted by another company: I have never been bankrupt.


Regards,


Lorna

Expert:  Alice H replied 2 years ago.
Thanks.

These comments amount to libel.

Libel is written defamation of a persons character. Saying you are a bankrupt and alleging poor performance are clearly designed to damage your reputation.

You have 12 months from the date of the original e-mail to start action against the person who sent the e-mail.

You can seek an unreserved apology and a statement from the defendant to say the comments are untrue. You also have the right to seek damages.

You can send a letter yourself or ask a solicitor to do this on your behalf. Either way if an apology etc is not forthcoming you should issue proceedings as soon as possible in the High Court.

Alex

Customer: replied 2 years ago.

Hi Alex,


Thank you for the response, what do you suggest I do next?


Kind regards,


Lorna

Expert:  Alice H replied 2 years ago.
I suggest you instruct a solicitor to write a letter for you.

I'm not able to recommend a solicitor because I do not know where you live etc but if you go to the Law Society website - www.lawsociety.org.uk - then you will be able to find a suitable solicitor to help you.

There are leading firms such as http://www.carter-ruck.com - who specialise in this area of work but can be quite expensive. Or a more well know firm is http://www.slatergordon.co.uk/about-us/
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you


Lorna

Expert:  Alice H replied 2 years ago.
My pleasure. All the best with this. Alex

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