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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11436
Experience:  30 years as a practising solicitor.
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I have a problem with a couple of people who are going around

Resolved Question:

I have a problem with a couple of people who are going around saying that I have been a cocaine addict and basically making me out to be a all round bad person.
I have never been in trouble with the law, have no criminal convictions and have never taken cocaine! In normal circumstances I wouldn't be bothered by this sort of thing, but I have a business which is very public (publishing) and I want to nip this in the bud.
I wrote a letter to one of the people about two months ago saying I would take them to court if this continued, now they have just others to do the work for them.
I have thought about another warning letter to these other people but need to have the legal facts first before going down this road as I feel this will continue unless a strong legally backed warning letter is issued.
So I guess this comes under defamation and slander where the damage is assumed and it cannot be proven – 'actionable per se' although I have had several people informing me about these stories which they have heard first hand, ie witnesses to the conversations. I cannot allow this to continue.
I am based in Scotland, but these people are both in Scotland and England.
Regards
James
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
You should have your solicitor issue cease and desist letters to all of the parties concerned warning them off. If the allegations continue then are looking at raising proceedings in court for defamation.
Jurisdiction would be in Scotland if that is generally where the damage to you and your business is occurring. Although more expensive I would recommend the Court of Session for "shock value" to the defenders.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thank you for your quick reply.

Do you have any idea what the sort of cost for this would be (cease and desist and court of session) ? And if this was to go to court, could I claim for costs and damages?

Regards

James

Expert:  JGM replied 2 years ago.
For the initial statement and cease and desist letter allow £500. For the court action if not defended, allow £2500 - £3500. If defended, write your lawyer a blank cheque. These actions can cost tens of thousands although most don't proceed all the way.
Yes, you can claim damages and expenses from your opponents.
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