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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I sent emails, with "confidential and without prejudice" underlined

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I sent emails, with "confidential and without prejudice" underlined at the top. I then find that the recipient forwarded them to a third party. Has he breached agreement of confidentiality?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.

I recently sent a number of emails to a business associate, complaining about the behaviour of one of his employees. At the top of the email, I wrote "confidential and without prejudice".

Upon receipt he immediately forwarded them to the person about whom I was complaining.

I feel trust, and an implicit responsibility has been broken. Is there a legal duty to respect confidentiality under these situations?

Expert:  Ash replied 1 year ago.
What loss have you suffered as a result?
Customer: replied 1 year ago.

Losses include the person about who I was complaining threatening me with "action against my libellous statements" (I only reported hearsay about me, and I was careful to state that it was indeed "gossip")

Expert:  Ash replied 1 year ago.
Ok, but nothing has actually happened as yet?
If you issued proceedings, what would you hope to achieve? What would you ask a Court to do?
Customer: replied 1 year ago.

I would ask a court to compensate me for the loss of my reputation and consequent loss of business.

If the third party, about whom I am complaining were to take action against what she terms "libellous" statements (I was reporting hearsay about her conversations concerning me), then I would want any costs incurred by her action.

Expert:  Ash replied 1 year ago.
What figure would you put on that?
Customer: replied 1 year ago.

At least £100,000

Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
The matter will be a High Court issue as it is defamation. The cost to get to trial will be about £15,000 or so. If you lose then you would also be liable for your own and the legal costs of the other side.
Can I clarify anything for you about this today please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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