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Can you qualify SAME FACTS?
For example if you are employed as a contractor are "same facts" everything that happens under that agreement or contract?
or would it have to be more specifically related to a particular instance.Example the fence was being painted and was allegedly broken (example) however on a separate occasion whilst say the TV was repaired leaflets were distributed saying you had stolen some jewelry..
Now the leaflets are defaming (lets have that as agreed) however in a claim for defamation can you counter that sometime back the person broke the fence whilst being contracted as the fence repairer? in a sort of save the fence as a wildcard scenerio?What is the test for "same facts" ?
Yes in these circumstances they are different facts.
For example if someone owed someone £1000 and they sued. But then the Defendant owes Claimant £3000, they can counter sue.
Here you have defamation which is different facts to the fence damage.
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is there a specific test for same facts?