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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My neighbour runs a dog grooming service from her home garage. Six

Resolved Question:

My neighbour runs a dog grooming service from her home garage.
Six days ago she discovered she was being investigated. By council planning enforcers. This was discovered through village gossip.
A person unknown (except to council I assume)has stated that she has changed the use of her home into dog parlour. In addition she is now living in a caravan on the site.
This is a complete fabrication. Indeed she does not possess a caravan.
The council without contacting her have published this fiction on council agenda and council notice boards including one in the centre of the village and on council websites.
As someone not trained in legal matters this would appear to be a Malicious lie which may well be libel.
The council then has made the libel far worse by not first checking it's validity.
I would welcome your views and any suggestions of any appropriate action..
I have made representations to the council but have just been told they have to investigate all complaints.
I agree with them but feel sure they are not immune to normal laws.
Many thanks for any advice you can give.
Bob Smith
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello Bob my name is ***** ***** I will help you.
What does your friend want to achieve please?
Customer: replied 2 years ago.

Hi Alex

Merely to resolve the issue promptly.

And to have this removed from the council notice board

Has any offence been committed.?

Expert:  Ash replied 2 years ago.
What loss has been suffered as a result?
Customer: replied 2 years ago.

Hopefully no loss suffered.

However in a small village a lot of gossip travels a long way.

Expert:  Ash replied 2 years ago.
Indeed. They are not above the law, but sadly under the Defamation Act 2013 you have to show:
A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant.
Therefore unless you can show serious harm any claim will fail. In any event even if you can proceedings MUST be issued in the High Court. If the matter is defended and it goes to trial it can cost circa £15,000 to pursue it. If you lose in Court then you are also liable for the costs of the other side. So potentially you are looking at exposure of £30,000.
I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Many thanks for your reply.

Basically as expected and obviously not a matter to pursue.

Bob

Expert:  Ash replied 2 years ago.
Sadly its not cost effective.
I am sorry.
If this answers your question could I invite you rate my answer before you leave today.
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