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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Customer Question

XXXXXXX

Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
-Could you explain your situation a little more?
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.

I'm acting on behalf of my late sister in her ongoing divorce financial settlement which was not resolved before she died. She had obtained her decree absolute. I'm in communication with her ex husband on behalf of her estate and her family XXXXX. I sent up a gmail account calledXXXXX so it may be considered a group email account to communicate with her ex husband. I always sign of the correspondence from XXXX. I'm wondering whether this correspondence would be considered as published - which I understand is one of the points to establish if he was to consider any of the contents to be libellous.

Expert:  Ash replied 1 year ago.
Have you said anything which is untrue?
Customer: replied 1 year ago.

I think I may have said something that may be difficult to establish the truth - its his word vs. mine.

But my main point is whether the communication could be considered published or not. It was only sent to him from a group email address that none of my other family members have ever accessed and they would not view that he suffered repetitional damage.

Customer: replied 1 year ago.
Relist: Other.
Still waiting for answer
Expert:  Ash replied 1 year ago.
Sorry for the delay but when you relisted it, it goes to the back of my list.
Defamation requires “publication.” When you send a defamatory statement about another person to others than the one you are defaming, that constitutes publication. Any every time an email is sent, it is considered a new publication. Every one who has a role in the publication of that email may be liable.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Thanks Alex for your response,

However I wish to clarify one point. Sending from a group email address and signing on behalf of a number of people only to the private email address of the person who claims to be defamed - does that constitute publication?

Expert:  Ash replied 1 year ago.
Yes.
Alex
Customer: replied 1 year ago.

Hi Alex,

Thank you for your help so far - therefore for the email contents to be considered defamatory - one of the people who have access to the group email or were included as a signatory XXXXX would have to consider that the recipients reputation was damaged. XXXXX

Expert:  Ash replied 1 year ago.
Well I really would not worry. Defamation is High Court and would cost around £15,000 to get to trial.
Alex
Customer: replied 1 year ago.

Hi Alex,

None of the email group members family members do consider that my late sister's ex husband reputation is damaged by the email content that was sent to him and only to him. Therefore on that basis I would appreciate if you can confirm that he does not have a case for defamation.

Expert:  Ash replied 1 year ago.
He does not.
Does that help?
Alex
Customer: replied 1 year ago.

Hello Alex - I tried to rate your service as excellent - but it stated that I had already rated you - which I don't remember doing.

Hopefully I will be able to rate you as excellent - if you acknowledge this reply.

Thank &XXXX

Expert:  Ash replied 1 year ago.
Yes you did rate as excellent thank you!
Alex

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