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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7258
Experience:  Solicitor
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A local councillor ejected me from a public meeting citing

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A local councillor ejected me from a public meeting citing no reason. When asked later to explain his actions a council employee wrote to a member of the public stating I had received a police caution for a charge of violent intent against anothrr person who was present in the meeting room a d on the grounds that I was the recipient of a caution I should be barred from entry.
I have not received and never accepted a police caution and have never been charged with this or any other offence.
Am I being libelled? Can I sue the councillor and the council for writing and spreading this untruth about me in order to discredit and exclude me from a public consultation?

Hello my name is ***** ***** I will help you with this.

So he just kicked you out and no reason given at the time?

Customer: replied 7 months ago.
That's right
Customer: replied 7 months ago.
I'm not sure I'm comfortable speaking on the phone about this since this service does not confer and attorney-client privilege.
Customer: replied 7 months ago.

Correct, but thats why its far cheaper than a High St Solicitor.

You do realise you would have to issue proceedings in the High Court?

Customer: replied 7 months ago.
Do I have reasonable grounds to do so?

Under the Defamation Act 2013 you can sue if it has caused you serious harm. You need to show that harm has been suffered, you cant just say reputation, you need to evidence this.

Then once you issue proceedings its in the High Court.

However the proceedings are very specialist and you wont get legal aid for it. To be fair to take it to trial you are looking at around £25,000 in legal costs. If you lose, you would be liable for the costs of the other side. So total exposure would be around £50k in costs.

Defences can be: Its true, its an opinion or its a matter of public interest.

I think you have an arguable case but the costs and risks are significant.

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

Customer: replied 7 months ago.
The council employee knows that what they wrote about me is not true, the council employee acknowledged this "misunderstanding" but never issued an apology to me and continued to contest that I was ejected as another member of the meeting was uncomfortable with me being there.
The councillor who was chair of the meeting has remained silent.

Sure. You have an arguable case, but it will be very costly.

If you are prepared for that risk, as litigation is never certain, then you have an arguable case.

But you would need a public access Barrister to draft pleadings and represent you.

You can fine one here:

Does that clarify?

Customer: replied 7 months ago.
The damage to me has been in terms of community reputation and trust. I have been part of a group opposing the council's planning application to build 31 private houses on an existing Community centre site. The meeting I was excluded from is a community impact group consultation run chaired by the councillor who is also a trustee of the community centre and is the person responsible for pushing this contentious plan through the council.

Sure. I think you have an arguable case.

But you need to be very careful with costs and risk of litigation.

That is why I think you need a public access Barrister to draft pleadings and represent.

Does that clarify?

Customer: replied 7 months ago.
thank you.
Customer: replied 7 months ago.
I have one last question.
How can I give you a five star rating if I do not know if the advice you give me is five star? I'm grateful for your speed and thought and advice but I'm not sure I know from this brief exchange if it's five star advice?

I cant answer that for you.

You could of course go and see a specialist Solicitor and check. But the cost of that would be around £500 or so.

Does that clarify?

Customer: replied 7 months ago.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the top of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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