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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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A few days ago, my partners daughter, bought two friends home

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A few days ago, my partners daughter, bought two friends home late at night. Creating lots of noise they woke both myself and my partner up and we proceeded downstairs to see what was going on. The daughter immediately said in front of her friends "Don't speak to the nasty man". I was very shocked at this and I immediately asked as to what she meant by this comment. She then immediately stood in front of me in a very threatening manor and said that she despised and hated me and that I had been beating her mother! I explained that this was utterly untrue and that I didn't know what she was talking about but she continued to pursue the allegation in front of my partner and her friends in a very very aggressive manor, such that I had to leave the house that night to remove myself from the conflict. My partner and I are utterly shocked by this and I feel very hurt and angry that she could say such things. I am unable to sleep or find solice of an kind as she will not apologise for the incident which was completely unwarranted as I feel totally humiliated and hurt by this incident! Do I have a case for slander and deformation of character here?
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.
Do you have the funds for a defamation action?
Does she have any money?
Customer: replied 2 years ago.
Hi Jo,
Yes I have the funds required for a defamation action but I am not sure about the financial status of the daughter.
Expert:  Jo C. replied 2 years ago.
How old is she roughly?
Customer: replied 2 years ago.
21 years old
Expert:  Jo C. replied 2 years ago.
Well, then she is not likely to be worth suing.
In principle, you do have a claim. An allegation of domestic abuse is capable of being a defamatory statement although quite frankly that type of nonsense is becoming quite widespread now. I think some young ladies think that in doubt a spot of crying and an allegation of domestic abuse is always the first solution.
However, the question here is whether there is any point. The first problem is that she could defend on the basis of fair comment and if we are honest with each other it is quite likely that she received this information from somewhere. I suppose it is possible she invented it in her head but I would be considering the possibility that somebody has said something to her.
Secondly though, a contested defamation action costs in excess of £10k and if she has no money to pay any award or costs then it is pointless.
It is worth putting on record that the allegations are denied. I have found that a solicitor's letter refuting the allegations and warning that any further repetition will lead to legal action turns the tables quite effectively.
Also, if she persists there is always the option of harassment. That is much cheaper and the injunction orders are more effective. But there needs to be more than one allegation.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Hi Jo,
Thank you very much for your help and advice. I think that you are quite right in the fact that the case is not worth pursuing financially and that was never my intention, however it is nice to know that I do have recourse with regard to a solicitors letter and I quite agree that this should do the trick.
As you outline in your response it seems that it is kind of behaviour is becoming quite widespread today and I am pretty certain that this has something to do with the erosion of respect and accountability in today's youth. I'm not sure what has driven this but it clearly seems to be the case!
Anyway. Thank you again for your kindly advice,
Kindest regards
Adrian
Expert:  Jo C. replied 2 years ago.
I don't know where it has come from. In fairness, it is very much a minority practice. Most women get through their whole life without even once making even one allegation of abuse. I do think though that some people are just addicted to being a victim in one form or another.
What I do think has happened is that it has become acceptable to be a victim. Genuine victims of things that aren't their fault should not be blamed of course but I think that a narcissist is likely to make allegations for the attention.
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