Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with this.
What is the nature of the publications and have you suffered serious harm?
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.
But does the person know the details of your neighbours and customers?
Can you prove that you have suffered serious harm?
You can't just say, you have defamed me therefore you owe me £100,000.
You need to show you have suffered serious harm. The Act states:
(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.
Therefore unless you can show serious harm then there is no claim.
However that is not to stop you getting an injunction.
Indeed. So you would need an injunction.
You would need to complete forms N!
The court would list the matter for hearing and decide whether to give an interim injunction.
An injunction can be worldwide, so can cover Spain.
But to be fair the Judge is going to want to ask the Defendant to make representations
But the Court can give an injunction in the interim and relist it for further hearing
So if you can show you have or will suffer serious harm then you can seek an injunction
Can I clarify anything for you about this today please?
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.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/