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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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Having been named by a person on the Internet and suffered

Resolved Question:

Having been named by a person on the Internet and suffered very disparaging comments the person concerned has now named my daughter. Is it possible to make an out of hours emergency injunction to get him to remove her details.
Submitted: 9 months ago.
Category: Law
Expert:  F E Smith replied 9 months ago.

Could you explain the situation in detail as to who is doing this and why?

What has he said about your daughter and how old is she?

Customer: replied 9 months ago.
It is a long and protracted argument.I came across an individual who made all sorts of claims as to his background, airline pilot, naval deep sea diver to name but two. I help in my spare time by advising people on Bailiff & High Court Enforcement Officer problems - mostly learned from the school of hard knocks. This individual now runs his own commercial website doing a similar thing and the advice he dishes out is plainly iffy at best. He has had certain clients in court who have lost heavily over the last year or so but fails to acknowledge this. Now he has found out who I am and has spread my name, address & business details all over his site and accused me of starting posts on various forums defaming him.All I have done is post publically available information that he himself posted - he now does not like this. This afternoon he telephoned my business address - a rural village shop, which he has named and provided pictures of via Google Earth with the address. My daughter mostly works this on her own and is particularly vulnerable at present as she is recovering from recent breast surgery. He has since made another phone call to a 3rd party which he recorded without their knowledge and has published that on his website naming my daughter in it. There should have been no need to refer to her. Even at 45 years she is still vulnerable to this type of thing as he now insinuates she is all alone there.Complaints have been made to the ICO about his Data Protection Issues whereby he gave access to all & sundry over my sign up details. I also have a Crime Number from the Police. As my daughter is an innocent in all this I am more than prepared to ask a Court to Order him to remove her details - I have asked but he refuses to do so voluntarily.RegardsClive
Expert:  F E Smith replied 9 months ago.

Because this has been a protracted affair, what is now become more urgent, I would suggest that you waited till Monday because although there are 100 criminal courts which are open at weekends, I am not aware of any civil courts open at weekends or at night although applications can be made at night to the Royal Court of Justice under Civil Procedure Rule 12 e, although that doesn't apply to cases in respect of adults. It would have to be a solicitor making the application even so and the chances are that you wouldn't find a solicitor available over the weekend in any event.

What you can do immediately is go to the police, both of you, and asked the police to warn the culprit under the protection from harassment act because he is harassing you now, also through a third party who is vulnerable.. You could do that tonight but I would suggest that you turned up at the police station with the evidence rather than try to deal with it on the telephone.

On Monday morning, you can then make an emergency application to court by attaching a Certificate of Urgency to the application explaining exactly why this is urgent and it could be in court within the day or the next one for an interim order pending a full hearing.

Can I clarify anything else for you?

Customer: replied 9 months ago.
Many thanks, ***** ***** very clear & precise. I am grateful for the time you have taken to answer.
Expert:  F E Smith replied 9 months ago.

I was pleased to help you.

Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid.

Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
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