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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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A client of ours alleges that a person who works for us has

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A client of ours alleges that a person who works for us has made various untrue statements (by telephone) to third parties about the client that damages the client's reputation and business.
The client is demanding that we give a written undertaking that there is no further repetition.
I do not accept that any such defamatory remarks have been made.
Is it up to us to try to prove our case or can we insist on evidence of such behaviour?

Is your client a corporate entity?

Customer: replied 3 years ago.

He is a magician who works within the wedding industry

Thank you.

Under S. 1 of the Defamation Act 2013, A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant.

(2)For the purposes of this section, harm to the reputation of a body that trades for profit is not “serious harm” unless it has caused or is likely to cause the body serious financial loss.

So the magician needs to show that the statements will cause him serious financial loss. The burden of proof is on him and you may ask him for proof that the statements were indeed made and if so, that they have caused him serious harm financially to his reputation.

May I help further?

Customer: replied 3 years ago.

How does one define serious financial loss though? The claimant refers to two telephone conversations to third parties in which he says that our man made untrue statements, when referring to the claimant including "letting people down" and "not a pleasant guy to work with".

They are demanding a written undertaking that no such occurrence will happen again. I don't accept, or have seen any proof of any wrongdoing though

Serious financial loss examples could be loss of contracts or damage to their earning capability e.g. People not giving him work due to the statements.
Also the truth and honest opinions are defences so if your man was saying the truth or giving his honest opinion, then those are statutory defences.
You may refuse to give any written undertaking if you do not wish to give it.
All the best
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