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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a retired volunteer working as part of a group in my village

Resolved Question:

I am a retired volunteer working as part of a group in my village to get a Skatepark for the young people.
The Local Parish council have been far from helpful and have be equivocal in their support. Without consulting the skatepark group they got a Skatepark designer in to look at prospective sites in the village for a skatepark. The Council chose a highly unsuitable location in the village in a floodplain and a sensitive location which was likely to fail to get planning persmission. I asserted in an informal meeting with two Councillors. ....'playing Devils advocate that the location looked like it was set up to fail' they both were in denial about this assertion....(the Council could call closure to the project while looking as if it was being supportive). The pre planning application to the regional council was rejected as I predicted. I attended the Parish Council meeting following and during the public part of the meeting restated my Devils advocate assertion that the it looked like a set up to fail.
The Chair said that I was offensive and it would not be tolerated....this was them publicly reported in the local Parish journal.....I was deemed That a remark I made was offensive and would not be tolerated' without saying what I had actually said....I feel that this is defamiltory as it has gone out to the public.
My e mail is***@******.***. 01271 882263
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Sorry about the typos....
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve please?
Customer: replied 1 year ago.
Advice on the scenario I posed....what is the best line of action to take as I feel that I am being publicly defamed
Expert:  Ash replied 1 year ago.
What loss have you suffered please?
Customer: replied 1 year ago.
Loss of public esteem. I am a retired Principal of a local secondary school. I am proud of my reputation and I have been called 'offensive' by a Parish Council
Expert:  Ash replied 1 year ago.
Its going to be hard - loss of public esteem is not enough to bring proceedings under the Defamation Act 2013. You must show that you have suffered serious harm. If you can not then your claim would fail.
If you can then its still going to be expensive as you have to bring proceedings in the High Court. Just to start this process and issue proceedings will cost you around £3,000 or so. If the matter is contested and goes to trial you are looking at a further £15,000 in legal costs and you wont get legal aid for this type of matter.
IF you lose then you would be liable for the costs of the other side, therefore your exposure is about £30,000 or so.
I am sorry if this is not 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
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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