Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Can you please explain your situation in a bit more detail?
I sold a flight to a customer and he sent an email to a number of my customers in a rather discgruntled fashion i will paste the email he sent which one of my clients forwarded to me :-
From:"Charles Austin" <*****@******.***> Date:Fri, Mar 6, 2015 at 7:17 AMSubject:Sky Club, Business Flight Club etc
You received the same communication as I did from James who now calls himself The Flight Specialist.
I always got excellent service from James when he was with Sky Club and always felt I go a good deal, straightforward and honest so I recently booked a business class return flight to China with him . Unfortunately the standard of service is not to the Sky Club standard. I suggest you check with the airline before giving your card details. I am unhappy and shall not be using James again
Whilst this may appear to be a potential case of defamation (this includes libel if it is in written form, or slander if it is in oral form), such claims are extremely difficult to pursue. Many people are intent on suing for defamation without having any appreciation of the law behind them, so I will try and clear things up for you now.
First of all, certain conditions must be met for the statement to be classified as defamatory. These are:
1. The statement has to be untrue.
2. It must directly identify the complainant.
3. It must have been published, usually communicated to at least another person.
4. It must be in a form of words, which would tend to lower the claimant in the estimation of ‘right thinking members of society generally', expose the claimant to hatred, contempt or ridicule, or cause the claimant to be shunned or avoided.
5. Its publication has caused or is likely to cause serious harm to the reputation of the claimant.
Whilst it may be easy to prove that defamation has occurred, the legal process of pursuing such a claim is extremely complex and expensive. As this goes through the High Court, you would need the professional help of specialist defamation solicitors and the costs are undoubtedly going to run into the thousands right at the outset. Also there is no legal aid available for such claims so the complainant must fund these personally. So when you hear about defamation claims being made, these are usually pursued by big corporations or celebrities who have a public image to protect.
You must also consider whether the party alleged of making the defamatory statement can defend the claim. Even if you satisfy the criteria to prove the statement was defamatory it could be defended on a number of grounds, including by providing evidence that the statement was substantially true or an honest opinion.
There is of course nothing stopping you from contacting the other party and threatening them that what they have done amounts to defamation and that you will consider pursuing the matter further if they do not retract their statement. This could prompt them to reconsider their position, but I would not recommend that you actually proceed with a claim for defamation due to the issues highlighted above.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
you are welcome, all the best