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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A person makes a definite statement in an open document in

Customer Question

A person makes a definite statement in an open document in which he states that a third party has committed fraud and theft - no inference but a definite statement
The third party takes legal action against the the original person raising a libel case -
A definite involvement occurs resulting in a libel case to be submitted to the courts
Does the third party have the legal right to deny the original person any documentation which would allow the original person to defend his statement. Or does the originals person have to rely on his original data from which he accused the theft and fraud
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : No.
Alex Watts : anything supporting the case or substantially undermining it must be disclosed.
Alex Watts : In any event the person could make an application to court for disclosure.
Alex Watts : Can I clarify anything for you about this today lease?
Alex Watts : @ please? @
JACUSTOMER-rhh1c88c- :

Sorry not totally satisfied -perhaps my question needs more clarification

JACUSTOMER-rhh1c88c- :

Ok - The person accuses the third party of theft based on acknowledged incorrect data - the third party wishes to sue for libel having the correct data in their position - surely the onus of proof is on the accuser - the injured party is not required to defend the allegation but sues as third parties have knowledge of the situation - should the injured party wish to prove that the allegation is false then documents need to be provided in disclosure or discovery - but the onus of proof is surely on the accuser

Alex Watts : Yes the onus is on him,
Alex Watts : He who brings the claim must prove it.
Alex Watts : If he is bringing a claim he will have to disclose documents he wants to rely on and even those that substantially undermine his case.
Alex Watts : But yes he has to prove it.
Alex Watts : Does that clarify?
Alex Watts :

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