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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11422
Experience:  30 years as a practising solicitor.
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Privilege: Do you have legal privilege if you are accusing

Resolved Question:

Privilege: Do you have legal privilege if you are accusing someone, or others of something for the purposes of initiating litigation.

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

Could you not therefore potentially reduce\diminish your own claim and they could immediately argue back now you've said "that" kinda tit for tat?

So the Q. is - 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 by saying he said it as well to you?

is that privileged? or protected?
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The rule on this is quite straightforward. Any statements made in court proceedings, whether in the written summons or subsequent written pleadings or whether in the courtroom, are covered by privilege and are not actionable by way of defamation.

Any statements made between persons outwith such proceedings are not privileged and could be actionable if found to be untrue.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

SO in my example where I say you and John said I was a thief, in writing to you and saying "that john also said I was a thief" I defame John?


 


Even if this is to describe when or where, in maybe a cease and desist letter -


 


With your answer - As this is outside court and not yet litigated, John would now have a equal valid case for being defamed.

Expert:  JGM replied 3 years ago.
That is all correct. A letter is not privileged.
Customer: replied 3 years ago.

So how would you explain the facts in this instance without recrimination?

Expert:  JGM replied 3 years ago.
If they are facts there should not be any recrimination.

Defamation is the making of false statements. If you make false statements you run the risk of being sued.
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