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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48196
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My ex-wife has been going around saying things about

Customer Question

My ex-wife has been going around saying nasty things about me and telling people that am not a trustworthy person and wrote malicious emails about etc.
How do I take this up in court?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Have you suffered losses as a result?
Customer: replied 1 year ago.
Yes pls, health wise , I suffered depression from this, health deterioration, set back academically, reduced self
Customer: replied 1 year ago.
my friends are not happy about its as she told them in her claims that I impregnated a woman and this woman has a child for me and that is why she left me before I went to file for a divorce after she has deserted for two years and the divorce was ruled in my favor as she did not defend it and claims still that i am married to another woman in writing and in words to friends and family members and this is hurting me , defaming my character.
Customer: replied 1 year ago.
I want to sue her for this and I do not know how or what to do.
Expert:  Ben Jones replied 1 year ago.
Now that the police have told you that they do not see this as a criminal matter, which I can agree with, you are left with civil enforcement options. This would appear to be a potential case of defamation (this includes libel if it is in written form, or slander if it is in oral form), however such claims are extremely difficult to pursue. Many people are intent on suing for defamation without having any appreciation of the law behind them, so I will try and clear things up for you now. First of all, certain conditions must be met for the statement to be classified as defamatory. These are: 1. The statement has to be untrue.2. It must directly identify the complainant.3. It must have been published, usually communicated to at least another person.4. It must be in a form of words, which would tend to lower the claimant in the estimation of ‘right thinking members of society generally', expose the claimant to hatred, contempt or ridicule, or cause the claimant to be shunned or avoided.5. Its publication has caused or is likely to cause serious harm to the reputation of the claimant. Whilst it may be easy to prove that defamation has occurred, the legal process of pursuing such a claim is extremely complex and expensive. As this goes through the High Court, you would need the professional help of specialist defamation solicitors and the costs are undoubtedly going to run into the thousands right at the outset. Also there is no legal aid available for such claims so the complainant must fund these personally. So when you hear about defamation claims being made, these are usually pursued by big corporations or celebrities who have a public image to protect. You must also consider whether the party alleged of making the defamatory statement can defend the claim. Even if you satisfy the criteria to prove the statement was defamatory it could be defended on a number of grounds, including by providing evidence that the statement was substantially true or an honest opinion. There is of course nothing stopping you from contacting the other party and threatening them that what they have done amounts to defamation and that you will consider pursuing the matter further if they do not retract their statement. This could prompt them to reconsider their position, but I would not recommend that you actually proceed with a claim for defamation due to the issues highlighted above. Also you have not suffered actual losses – the courts will be looking at financial losses rather than effect on your health. SO without financial losses it would be very difficult to pursue the person for this. Even with financial losses in place remember that you are looking at something in the region of £15,000 and more to make the claim and you may not get anywhere near that back so it is a huge risk. As such you should only use defamation as a threat to make her stop and retract her statements. This is your basic legal position. I have more advice for you in terms of what other options you may be able to explore, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
I do like to see what other options are available as these are actually untrue about me, although am not a celebrity but it does defame my character as a christian and from my decent it is strongly frown at and my friends do not relate with me as trustworthy person again. So what option should or can i take pls?
Expert:  Ben Jones replied 1 year ago.
Thank you. Another option is to try and argue this is harassment. Although there is no definition of what specifically amounts to harassment, it would usually include alarming a person or causing them distress and must have occurred on at least two occasions.
A civil claim can also be brought against a person who is alleged to be guilty of causing harassment. The courts would award compensation to the victim under the Protection from Harassment Act 1997. A claim would be made using form N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Customer: replied 1 year ago.
The five conditions are met for defamation, but I know it an expensive cause to pursue, yet I need justice, am really hurting and now it causing to want to confront her.
Expert:  Ben Jones replied 1 year ago.
I understand your position but you also have to be realistic and also not just pursue something to prove a point because you are the one who could end up much worse off having spent thousands and achieved nothing in the process. Justice is not necessarily achieved through going to court and in the circumstances it may be best if you use the threat of doing so to get her to retract her statements and issue an apology
Customer: replied 1 year ago.
So can you help with that pls as she doesnt reply my mails and doesnt take my threat serious.
Customer: replied 1 year ago.
What form do I need to fill if I need to file in the Defamation claim pls?
Expert:  Ben Jones replied 1 year ago.
It would be N1 as well but as mentioned, be aware of the huge costs you will have to pay for that as you will have to get defamation lawyers to help you
Customer: replied 1 year ago.
Can I represent myself in the court since its seems to be an expensive thing to do using a solicitor ?
Can recommend any lawyer in that area if you know any, and is it possible you help with the use of threat of doing so to get her to retract her statements and issue an apology
Expert:  Ben Jones replied 1 year ago.
It is very technical so whilst you can represent yourself, you may find yourself out of your depth very quickly if you are not legally trained. We cannot recommend solicitors but I can certainly help with a letter you can send to her. It is an additional service though and will attract an additional charge
Customer: replied 1 year ago.
the letter will be of great help so what will the charge be? I let this be done write away and I forward the details of her malicious mails and defamatory letters
Customer: replied 1 year ago.
the letter will be of great help, so what will the charge be? Ibe glad, let this be done right away and I will forward the details of her malicious mails and defamatory letters ASAP for content of the letter thanks
Expert:  Ben Jones replied 1 year ago.
Proposal has been sent
Customer: replied 1 year ago.
kindly send me your email so that I can forward the copy of the excerpts of her claims , I cant upload it here as it says file istoo large.
Expert:  Ben Jones replied 1 year ago.
Can you please try and upload it here: www.mediafire.com and then give me the link. Emailing it to me will take a while as it would have to go through customer services
Customer: replied 1 year ago.
https://www.mediafire.com/?dbg6xtf2gwnmtsb
Customer: replied 1 year ago.
emphasis on paragraph 7 (e), (g)
Expert:  Ben Jones replied 1 year ago.
ok thanks leave it with me please I will get a draft out to you today
Customer: replied 1 year ago.
Thanks
Expert:  Ben Jones replied 1 year ago.
Hi, letter attached, you can enter the missing info and send it as you wish