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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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The question of Privilege do you have total privilege in accusation

Customer Question

The question of Privilege do you have total privilege in accusation for the purpose of litigation? or for the purpose of resolution under "without prejudice"?
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try tu help you with this. Can you explain the situation a little more please?

Customer :

Hi Yes.

Customer :

I would like to know.. in cases such as deformation that potentially involve more that one defendant.

Customer :

to establish the facts you essentially have to pass information to one defendant referring to another or each other (or several) as to what has happened
In doing so you essentially accuse one person of potentially (as it is not yet proven) committing something and therefore potentially defame them.

Customer :

Could you not therefore potentially reduce\diminish your own claim in an immediate "now you've said" tit for tat?

Customer :

So Q. is the accusation or proposal of such privileged? EG I say you and John said I was a thief, in writing to you and saying that I defame John to you?
is that privileged?

LondonlawyerJ :

Thankyou for that. I am just on my way to court now but will answer you later today. I hope that is OK.

LondonlawyerJ :

OK so I think that you are asking about defamation in communications with your legal team and in court statements. Assertions in evidence in court proceedings made under oath cannot be defamatory. Any correspondence between a party and their solicitor will be subject to privilege and is not broadcast therefore not defamatory. Any statement filed in court and served on all parties also covered by absolute privilege. Basically if you are legitimately making a statement within court proceedings you are likely to be safe from an allegation of defamation. Are you represented in these proceedings?

Customer :

I am referring more to a cease a desist letter - where you would have to say You and John did X and in doing so defame John, i appreciate that anything that is true does not count its only false statements. but it has not been proven that you or John did do X so in effect stands at present as false!

LondonlawyerJ :

Would anyone other than the person you are criticism be sent a copy of this letter?

Customer :

OK - I have (and the company I work for) has been criticized by a group of directors at one of our now ex clients, sending a letter to all staff and explaining we stole equipment and damaged other things (untrue!) They signed the letter from the directors. The one the Directors read out the letter at one of the company functions including family and friends of the workers and the general public...

So to explain to anyone of the directors you would in effect mention the others.

LondonlawyerJ :

Th\t would not be covered by privilege.

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