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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have heard that someone has made a defamatory remark about

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I have heard that someone has made a defamatory remark about me which is distressing. It involves me committing a sexual act upon someone. This is completely untrue and may damage both my personal and professional reputation. I have been married for 32 years and have three grown up children. I am a litigation lawyer so have looked into this but is it true that the person spreading the lies has to prove that the act is true and therefore if they have no evidence that it is my claim against them would succeed if i have suffered distress and monetary loss
Hello my name is ***** ***** I will help you.
I note you say it is distressing which of course it is. Have you suffered 'serious harm' as a result?
Customer: replied 2 years ago.

If it is believed it has the potential to end my marriage and affect my reputation in the legal field and potentially my employer could lose money. I just want the person to apologise and to cease making these comments

Potential is not enough. It is only where you HAVE suffered serious harm could you do anything about it. Even then you would need to issue proceedings in the High Court and if defended you are looking at circa £15,000 to take the matter for trial.
This is because these type of proceedings are very particular and you need a specialist for this. So sadly the requirement is serious harm.
I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

Hi so basically if i can show serious harm i could issue. Do you think it best to simply write a before action letter to ask for a retraction. My main question was that would the burden of proof be on the defendant and if he cannot show any proof that should my claim succeed.

I think you should write yes. The burden is NOT on the Defendant, it is on you to show it was not true AND you suffered serious harm. He who brings the claim has to prove it.
Does that help?
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