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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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I was looking through a website of the supplier who

Resolved Question:

Hi,
I was looking through a website of the supplier who supplies crystal elements to my company to make the products I create. I noticed she had a gallery to which there i saw a picture which looked liked a pair of shoes I had customised (my technique if very specific and I had sold a pair which were 100% identical previously), so i advised the website owner / supplier of the crystal elements i though this was a pair i have created and sold previoulsy that someone was palming off as their own work.
The website owner removed the picture and replaced it with another this lady had sent (the suppliers client gallery page has appx 10 by this lady).
A day later i received ranting text message from the lady (unbeknown how she got my phone number as the supplier advised she never passed this information on) claiming defamation, damage to her business and slander which is very odd as I saw the email the supplier sent to her and there is none of the above.
Instead of asking the other lady to get in touch the supplier just removed the pictures.
Now having looked into this how on earth can she claim to have a case for defamation when her business has not been financially damaged as a result not her reputation as the supplier wants to remain impartial...? slightly confused.
She will not disclose her name to me or prove the are shoes of her own making and instead wishes o remain with the 'see you in court' basis... however over what charge?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is the defamation she claims?
Customer: replied 1 year ago.
defamation of character?
Expert:  Jo C. replied 1 year ago.
Yes, so in what way is she saying she was defamed?
Customer: replied 1 year ago.
her words in her ranting text re all i have to go on.. which are word for word:''defamation of character has been made as i told Deanna i have stolen your work passing it off as my own''
Customer: replied 1 year ago.
the supplier is Deanna who wrote to the lady exact words:i received an email from Karen from Crystalize My Couture. she said 2 of the images of your shoes that i am displaying in our customer gallery on our website are shoes that youhad bought from her already strassed. she has aked me to remove them from our gallery. i have removed the images ad changed them for others ones of yours.
Expert:  Jo C. replied 1 year ago.
Ok. Have you said anything that is untrue?
Customer: replied 1 year ago.
My email to the supplier advised her that i thought the pictures where mine and that they had been purchased from me. I advised the supplier i knew my work anywhere and was quite certain as i could see the dye which had gone onto the edge of the shoe sole which i did on mine.the supplier then emailed the lady the email above.the lady sent me a ranting text and i asked her for her name and thats it.
Customer: replied 1 year ago.
she emailed her, her email not a copy of my
Expert:  Jo C. replied 1 year ago.
Ok.
So have you said anything untrue?
Customer: replied 1 year ago.
not that i think no. i think she has used shoes I strassed previously. and i have asked show me they are shoes she created and for her name and nothing.
Customer: replied 1 year ago.
if she can prove they are shoes she created then my words to the supplier that i 'think they are shoes i strassed' will then be proved to be wrong.... until then it is impossble to say
Expert:  Jo C. replied 1 year ago.
Thanks.
Please don't worry. This is not defamation. You have not said anything untrue.
If it transpires that you were wrong then you could always try to rely on the defence of fair comment. All you have to show then is that it was a reasonable comment in all the circumstances.
She isn't going to sue anyway. It costs in excess of £10k to bring a contested defamation action. It is very easy to threaten and a lot harder to actually do.
There are offences in sending ranting emails which might interest her.
Can I clarify anything for you? I am just travelling home but I will be back in about an hour and a half if you need to know anything else.
Jo
Customer: replied 1 year ago.
Hi Jo,Thanks. Could you clarify the ranting emails comment you made that maybe of interest to her?And her ability to bring action against slander or damage caused to her business she also claims... those exact points were not expanded by her just those words.
Expert:  Jo C. replied 1 year ago.
I'm not sure what you mean?
Customer: replied 1 year ago.
Hi,sorry for the delayed response. you mentioned in your previous email:''There are offences in sending ranting emails which might interest her.''i just wondered what you meant by this and where she stands on her alleged slander accusation and damage to her business?Thanks
Expert:  Jo C. replied 1 year ago.
There are offences of malicious communication and other communication act issues in sending emails of this nature.This is not defamation. You have not said anything untrue.If it transpires that you were wrong then you could always try to rely on the defence of fair comment. All you have to show then is that it was a reasonable comment in all the circumstances.
Customer: replied 1 year ago.
i just wondered what you meant by this and where she stands on her alleged slander accusation and damage to her business?
Customer: replied 1 year ago.
where does she stand on her alleged slander accusation and damage to her business?
Expert:  Jo C. replied 1 year ago.
This is not defamation. You have not said anything untrue.
If it transpires that you were wrong then you could always try to rely on the defence of fair comment. All you have to show then is that it was a reasonable comment in all the circumstances.
Customer: replied 1 year ago.
Hi,thanks for your reply, however you keep saying the same thing and I, in my mind, am asking a different question.You have explained the situation regarding defamation, however as you are saying the same thing is this because defamation and slander are one in the same? so I have the defence with Slander should she wish to pursue this?thanks
Expert:  Jo C. replied 1 year ago.
Defamation is the tort. Slander describes the spoken word. Libel describes the written word.
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Jo,I have finally received a letter front he other parties solicitor it appears very bland and like they don't have much to say however claim defamation and damaging to business reputation.I would like to respond however would like to get this correct. If i wrote the content of the letter here would you be able to advise on the clear points to make. I want to keep it short and sweet as not to get embroiled in a tit for tat.
Customer: replied 1 year ago.
Confused with the offer I have already paid £47 for unlimited questions