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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience:  Over 5 years in practice
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i know the identity and have cctv proof that an individual

Resolved Question:

i know the identity and have cctv proof that an individual has defaced several advertisements/posters that i had placed around town advertising an event. The defacement labelled the event a scam warning people to stay away - i have both scientific proof and hundreds of successful clients willing to testify that the event was not a scam... Can i sue this individual for defacement of private property and/or slander?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

-Could you explain your situation a little more?

Customer: replied 2 years ago.

Hi Jo,


 


I am advertising an event at Lancaster University offering students the opportunity to join the 'Juice Plus+' virtual franchise. I printed around 100 posters advertising the event and placed them around the campus. Unfortunately the next day several posters had been defaced


(see below) The vandalism describes the event and the business as a scam and encourages people to 'avoid' the event. I have received CCTV video of the individual defacing one of the posters and several eye-witness accounts that confirm their identity... Do you believe i have the right to sue this individual for destruction of property, slander and for the damages caused through the lost income of people put off the event from these posters?


 


Many Thanks,


 


Cameron.


 


 


Expert:  Jo C. replied 2 years ago.
Thanks.

What is his reaason for this? Do you know?

is he likely to start arguing that it was fair comment?
Customer: replied 2 years ago.
I understand he genuinely believes the business opportunity I am offering is a 'scam' - despite the fact it is well established with over 20years of business around the world and thousands of successful franchisees...

As for what he will argue I don't know...

Expert:  Jo C. replied 2 years ago.
Thanks.

This is certainly criminal damage and you have a claim for the damaged posters. That is cheap enough to pursue.

It does also amount to defamation. I suppose he could always try to rely on fair comment but when you go around alleging scam its quite hard to show fair comment unless his evidence is overwhelming.

Defamation is an expensive action and you should be aware of that. He is also not worth suing unless he has the means to pay the award.

However, you do have a claim for lost profits arising from your loss of reputation. There is no way around it.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Thanks Jo,


 


You have been very helpful!


 


If it were you in this intuition, would you take legal action? And if so what?


 


 


Thanks Again,


 


Cameron.

Expert:  Jo C. replied 2 years ago.
Is this person able to pay the award to your knowledge?
Customer: replied 2 years ago.

That would depend on the award...


 


 


I assume not... they are a student and so therefore could pay around £5-£10,000


 


 

Expert:  Jo C. replied 2 years ago.
Ok. That does make a difference. There is no point in suing a person who can't pay the award.

In that case, I would get a solicitor to write to him warning him of the laws of defamation and also warning him that his actions amount to criminal damage which is a criminal offence. A solicitor can make the point that any repetition would lead to a report to the police.

That will cost about £100 plus VAT. A barrister under pulblic access might be cheaper than a solicitor.

Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
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