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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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HI,I currently reside in Australia.I am writing to

Resolved Question:

HI, I currently reside in Australia but the incident is within the UK.  I am writing to complain about the professional and ethical conduct of someone who I believe has misused information obtained (coerced) during his normal work routine for malicious purposes. The dates and time are uncertain as the person entered the home of my frail elderly mother. He was on the premises as he was working on behalf of another company - he was is chartered surveyor. On the morning of Tuesday 12th August, this person entered the home of my mother to conduct a survey. Upon seeing a picture of myself upon the wall he made a bee line to it according to my mother, and then proceeded to ask questions as to myself. He stated to my mother that he knew of me and that I had taught his daughter. He then proceeded to ask my mother about information to my location and my mother freely gave that to him. He then conducted his work and then left rather quickly not saying much to my mother. It is my belief that this man then contacted schools or institutions within Sydney Australia and has slandered my name with them stating that I had been involved in some sort of sexual incident at a school in 2006. The incident he refers to, deals with his daughter, who was a student at the time and I a teacher. For matters of confidentiality all I can say was that an investigation took place and I was FULLY exonerated by the Dept for Children, Schools and Families. The malicious slander that I believe has come from him has resulted in my current school suspension in Australia whilst they investigate the incident. This has obviously caused my family and I serious stress. My mother is also in great distress having let someone into her home who has extracted information from her, taking advantage of her old age and acted in total impropriety. This is causing my mother greater health and mental issues. I would like this matter to be investigated further for this is a complete breach of professionalism and surely a breach of the Institutes ethical and professional guidelines. I have also forwarded a complaint to the Chartered Institute of Surveyors. Are their any grounds for taking him to court - we are not yet 100% it was him and that may prove difficult.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : What is it you want to achieve please ?
Customer:

It states in the letter I sent - what grounds do I have for pursuant?

Expert:  Ash replied 2 years ago.
Indeed - some people just want an apology - others just want compensation.
The law changed and you would now need to show that you have suffered serious harm as a result of the comments.
The law specifically states: "A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant". If you can show you have suffered serious harm then you may be able to make a claim.
However these are very specialist proceedings and you won't get legal aid. The cost of such actions amount to easily £20,000 or so. Also if you lose you have to pay the costs of the other side so your exposure is around £40,000. As you are outside the UK the Defendant can apply for security of costs, that is in order for you to pursue the claim you need to pay the costs of say £20,000 into Court.
This is because you are outside the jurisdiction and any costs order if you lose, may not be able to be enforced.
But yes you can take action
You would need to complete form N1: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And submit it to the High Court. The court will issue the claim and the matter will proceed
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thank you for your assistance - I could never cover the cost of 20,000 pounds :( Unless a now win no fee solicitor would take the case?

Expert:  Ash replied 2 years ago.
You can try a no win no fee Solicitor but that is a matter for the firm,
I know its a high cost but these proceedings are so specialist they attract large fees.
Can I clarify anything else?
Alex
Customer: replied 2 years ago.

No thank you.

Thank you for you assistance.

Expert:  Ash replied 2 years ago.
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