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Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.
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Ok, to whom did he make these allegations?
Thanks for the information
I can see what you are furiousabout this.
This is very definitelydefamation. The difficulty withdefamation actions is that you
have to prove that it wasfalse as opposed to just an allegation that was disbelieved. That is hard to do as you will have theburden of proof. However, if you can dothat it is worth pursuing.
You could also sue inharassment if there is more than one allegation. There is a fairly settled law now that makingfalse or trivial allegations can be harassment. That does still cost but it is much cheaper.
Or you could get a solicitorto write to her warning him of the laws of harassment and defamation and makingclear he should desist. That would onlycost about £100 plus VAT.
Given the allegations though,I do think you are right; you need to do something.
Hope this helps. Please let meknow if you need more information.
Yes, I understand.
These are serious allegations and I can completely see why you are furious.
You certainly do.
You will in defamation if he has any money.
But usually people want the ruling that the allegations were false.
It can't really be assessed in this forum.
It depends on the damage you suffered and his means.
Do you have solicitors yet?
Sorry for the delay.
If you win and they have money, you will recover your fees.
I'm afraid defamation is quite an expensive action to bring though.
Wouldn't it be better to start with a solicitor's letter? You have to do the pre action protocol anyway.
No, to the accuser.
I did say this in my original answer but i understand if you missed it;
"you could get a solicitorto write to her warning him of the laws of harassment and defamation and makingclear he should desist. That would onlycost about £100 plus VAT."
That is really the place to start for cost purposes
Deter further allegations and the repetition of this one and put on record that you dispute it.
At low cost too.
Surely there is no action in court at the moment.
you need to get a solicitor to do the pre action protocol before going to court anyway the start of which is a letter to them so that would be the first step.
I am just off over night but I will pick this up in the morning.
You have to lay compalint at court within a year to sue in defamation.
But obviously there is no sense in suing in defamation per se. At least not before you send her the warning.
No minimum period for sending a letter although obviously you need to sue within a year.
Any high street firm can write a warning letter.
The difficulty is that you are trying to find defamation solicitors when, in fact, all you want is a warning letter.
You can self represent but it is risky because you expose yourself to the other side's costs.
But all you need to do now is send the warning letter.
Because there is a greater chance of losing as you don't have representation.
I have made a further offer for you.
If you won't in court you could claim your costs but obviously only if he has money.