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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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An individual has written and published false statements of

Customer Question

An individual has written and published false statements of a damaging nature online. They are continuing to harass and link to the content on a daily basis. They are located in Spain, I'm in the UK. Are there any solutions available to me?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What is the nature of the publications and have you suffered serious harm?

JACUSTOMER-tjxded6g- :

The format is a blog. The title of the blog uses my full name (including the domain name). The blog itself documents an alleged assault that supposedly took place 30 years ago. (100% untrue and of a factious nature). The blog contains a photo of me, and uses my full name and that of my company. In addition to this ive received messages via twitter of a threatening nature. These messages state my customers and neighbours will soon be receiving notifications about the said blog.

Alex Watts :

But does the person know the details of your neighbours and customers?

JACUSTOMER-tjxded6g- : My business and personal profile online is very public. As a company director my home address is also public knowledge. So yes my customers and personal address is accessible. In addition to them already promoting the blog in question via all my personal and business social media accounts.
Alex Watts :

Can you prove that you have suffered serious harm?

JACUSTOMER-tjxded6g- : The goal is to prevent serious harm. Whether that be in reputation terms or financial ones. I'm being threatened. Are you saying I need to wait for further action to be taken? They have already published the surely liables content?
Alex Watts : Yes there is the law of libel but you need to show before you issue proceedings that you have suffered serious harm.
JACUSTOMER-tjxded6g- : So there is no preventative measure I can take legally speaking to remove the content ahead of damage occurring? I'm sure you can see my logic here.
Alex Watts :

You can't just say, you have defamed me therefore you owe me £100,000.

Alex Watts :

You need to show you have suffered serious harm. The Act states:

Alex Watts :

(1)A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant.


(2)For the purposes of this section, harm to the reputation of a body that trades for profit is not “serious harm” unless it has caused or is likely to cause the body serious financial loss.

Alex Watts :

Therefore unless you can show serious harm then there is no claim.

Alex Watts :

However that is not to stop you getting an injunction.

JACUSTOMER-tjxded6g- : I'm not necesarily seeking damages at this stage as none have been incurred. I'm actually trying to prevent them being incurred. So it's a form of prevention not retribution I'm in need of.
Alex Watts :

Indeed. So you would need an injunction.

Alex Watts :

You would need to complete forms N!

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The court would list the matter for hearing and decide whether to give an interim injunction.

Alex Watts :

An injunction can be worldwide, so can cover Spain.

Alex Watts :

But to be fair the Judge is going to want to ask the Defendant to make representations

Alex Watts :

But the Court can give an injunction in the interim and relist it for further hearing

Alex Watts :

So if you can show you have or will suffer serious harm then you can seek an injunction

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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