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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61796
Experience:  Qualified Solicitor
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Defemation case, england, non, betwwen a mother and son

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defemation case
JA: Where is this? It matters because laws vary by location.
Customer: england
JA: What steps have been taken so far?
Customer: non
JA: Anything else you want the Lawyer to know before I connect you?
Customer: betwwen a mother and son

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Please explain your situation in some detail

Customer: replied 14 days ago.
okay

Please explain your situation in some detail

Customer: replied 14 days ago.
I had a falling out with my mother back in may over a loan i extended with her as a guarantor and out of anger i said some nasty things and stopped all communication. A couple months later i recived a text telling me my nan had passed away and they had the funeral without me and i found out my nan was still alive. I sent my family invitations to my wedding which i reviced backed ripped up and a note saying they did not want to attend. I spoke to my mother on tuesday and tried to explain and shes now threating to take me to court for defermation

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. I am still a bit unclear about what the alleged defamation is, can you please clarify?

 

Customer: replied 14 days ago.
I have told friends and my family in law about what she has said via text about my passing of my nan. she has said it is all lies and saying she will take me to court for a deformation against her name.

Ok well…good luck to her, because it will be very difficult to do so. Many people are keen on suing for defamation without having full appreciation of the law or practicalities in doing so. I will try and clarify the position below.

 

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

 

1. There has to be a defamatory statement - the assessment that is often used to establish this is whether the statement tends to lower the claimant in the estimation of right-thinking members of society generally

2. Its publication has caused or is likely to cause serious harm to the reputation of the claimant – this will vary based on what effect it will have but it really has to be something sufficiently serious

3. The statement has been published by the defendant to a third party

4. The claimant must prove that the words complained of were published about him - this should not be an issue if the claimant is named or clearly identified.

 

Whilst it may be easy to prove that defamation has taken place, the legal process of pursuing such a claim is often complex and prohibitively expensive. A claim must be made in the High Court and will likely require the help of professional defamation lawyers, so the costs will often be high right from the outset, usually in the thousands. There is also no legal aid available for such claims so the complainant must fund these personally.

 

You must also consider whether the you can potentially defend the claim. For example, this can happen by proving the statement was true or an honest opinion which could have been made based on the available facts.

 

In my professional opinion this is all just a lot of smoke with no realistic way of it going any further.

 

Does this answer your query?

 

Customer: replied 14 days ago.
Yes thank you so much! I’m only 20 and I’d never even heard of defamation until this week.
I was panicking over the though of going to court as I know I would not be able to afford an attorney for myself.

Thank you again

No worries and all the best

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