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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50154
Experience:  Qualified Solicitor
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Please can you assist me I have had trouble with builders

who have been working next... Show More
who have been working next door - I was told by several people about the history of these builders and that they had previously been taken to court which iss true. Can I ask he is now saying this is slader is he correct?
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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Please can you provide some background information on the situation?

Customer reply replied 1 year ago.
My next door neighbours have been having a lot of work done to thier house. This has been ongoing for 11 months now - the builders have caused damage to my property with scaffolding that they have hired a company to erect - I was not consulted when they put the scaffolding in my small front garden? I have had so much trouble getting a resonse from them - they have started work again this week and I have asked them to repair my damage - he has been refusing and I asked a colleque at work if she had heard of them she replied that they had had work done for the business and it was so shoddy that they did not pay also that he had been taken to court previously for a similar circumstance - unfortunately I told him this and now he wants to have them for slander is this possible as she only told me facts that anyone could find out? I do not want to involve anyone in this dispute and certainly not my collegue - he has sent her a nasty e mail today - please could you advise me he says she has denied it and he wants to meet me

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. I wouldn’t worry too much about this. It is just an empty threat and does not really carry much credibility in being taken further.

I will explain how the law here works. You have been accused of defamation (this includes libel if it is in written form, or slander if it is in oral form), however such claims are extremely difficult to pursue. Many people are intent on suing for defamation without having any appreciation of the law behind them, so I will try and clear things up for you now.

First of all, certain conditions must be met for the statement to be classified as defamatory. These are:

1. The statement has to be untrue.

2. It must directly identify the complainant.

3. It must have been published, usually communicated to at least another person.

4. It must be in a form of words, which would tend to lower the claimant in the estimation of ‘right thinking members of society generally', expose the claimant to hatred, contempt or ridicule, or cause the claimant to be shunned or avoided.

5. Its publication has caused or is likely to cause serious harm to the reputation of the claimant.

Whilst it may be easy to prove that defamation has occurred, the legal process of pursuing such a claim is extremely complex and expensive. As this goes through the High Court, you would need the professional help of specialist defamation solicitors and the costs are undoubtedly going to run into the thousands right at the outset. Also there is no legal aid available for such claims so the complainant must fund these personally. So when you hear about defamation claims being made, these are usually pursued by big corporations or celebrities who have a public image to protect.

You must also consider whether the party alleged of making the defamatory statement can defend the claim. Even if you satisfy the criteria to prove the statement was defamatory it could be defended on a number of grounds, including by providing evidence that the statement was substantially true or an honest opinion.

So I would say that they are just raising all these threats to try and scare you off and ensure you say no more about them. However, I would be extremely surprised if a formal claim is actually made and even more so if they win.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you