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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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I have been informed by a neighbour that a member of the tenants

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I have been informed by a neighbour that a member of the tenants association visited their premises and made remarks that are slanderous to my reputation and to that of my business...some of the information was factual and some not...is this a case of defamation of character by slander
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What were the remarks please?
Customer: replied 2 years ago.

That someones child was in danger from me because my children were removed from my care 10 years ago and that i do not own my own businesses when i do....it sounds petty but my business could be affected by this as i am about to open my first bridal store and i have an online toy business

Customer: replied 2 years ago.

There is also the issue that my sixteen year old daughter has now moved into my home after being returned to my care and this could impact her and the new life she is about to embark on. It also concerns me as she is under a care order and this breaches her privacy and mine and the case

Expert:  Jo C. replied 2 years ago.
Thanks.
Realistically saying that you don't own the business when you do is not defamation. Even though that may well be wrong, it is not the type of statement that would caused you to be shunned by society which is still what defamation requires.
Saying that a child is in danger is capable of being a defamatory statement. I don't know whether or not they are likely to rely on the defence of truth or fair comment? There seems to be some basis for this statement at some point although if it is ten years old then probably it doesn't amount to fair comment.
However, you should really think carefully before acting. Defamation is a very expensive action and unless the defendant can pay the award there is no point even if you won.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

I feel that I need to for the sake of my daughter although any monetary gain would be donated to charity. I don't wish to profit from this. I just want her to understand this is not acceptable.

In addition given that my child could potentially be affected by this is there any way to take a legal injunction to stop her from saying anything further

Expert:  Jo C. replied 2 years ago.
Only by suing for defamation.
You can get an order preventing a person from repeating a specific falsehood but obviously that doesn't prevent them changing the nature of their statement and saying something else. That is why an action in harassment is much better because you can get more inclusive orders but there needs to be more than one incident. It is a lot cheaper though.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

How would it be considered harassment if she said it if there was more than one incident?

Expert:  Jo C. replied 2 years ago.
I'm not sure what you mean?
Customer: replied 2 years ago.

"That is why an action in harassment is much better because you can get more inclusive orders but there needs to be more than one incident"

how would this action be considered harassment? I am just trying to figure out a way of stopping her from upsetting my 16 year old daughter?