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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80396
Experience:  Over 5 years in practice
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I am not sure which part of the law, it is about Defamation

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I am not sure which part of the law,
it is about Defamation and slander
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

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.

How can I help?

Customer: replied 1 year ago.
Hi,
I am a director in a nonprofitsble company.
So I am a volunteer.
I have been a director for 11 years
Last year one director joint.
And he made accusations that I have been making money.
Also he is telling the people who are on one group of WhatsApp that I have been issuing parking tickets.
Then he started sending emails to the shareholders with the same accusations.

Ok, to whom did he make these allegations?

Customer: replied 1 year ago.
To the shareholders
Customer: replied 1 year ago.
As well as to (managing agency

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.

Jo.

Customer: replied 1 year ago.
I can proof that these are fakes accusations.
Also the emails he has been sending to the shareholders
He accused me of
Making money from bulk rubbish
Making money from issuing cards
Accusations about the prices for the contractors who installed cameras CCTV.
told residents (where I live) that I have been issuing parking ticketsI had my car scratched
I don’t allow my son to go out because I am worried about his safety
Customer: replied 1 year ago.
Fakes=false

Yes, I understand.

These are serious allegations and I can completely see why you are furious.

Customer: replied 1 year ago.
Do I have a case for defamation and harassment?

Yes, absolutely.

You certainly do.

Customer: replied 1 year ago.
Will get compensation?

You will in defamation if he has any money.

But usually people want the ruling that the allegations were false.

Customer: replied 1 year ago.
How much do you think the judge will charge him.I lost wait
I can’t seep
Even at home I am very angry

It can't really be assessed in this forum.

It depends on the damage you suffered and his means.

Customer: replied 1 year ago.
is it in the county court?
they are closed
how can I file the case?

For defamation?

Customer: replied 1 year ago.

Do you have solicitors yet?

Customer: replied 1 year ago.
no
do I need one?
Customer: replied 1 year ago.
I am not sure how much it cost me
Customer: replied 1 year ago.
do I get reimbursed legal fees if I win??

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.

Customer: replied 1 year ago.
letter to the court?

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

Customer: replied 1 year ago.
But, What sending him a letter will do?

Deter further allegations and the repetition of this one and put on record that you dispute it.

At low cost too.

Customer: replied 1 year ago.
ok, thanks
what about the court?

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.

Customer: replied 1 year ago.
what is the minimum period, between the court and the letter

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.

Customer: replied 1 year ago.
ok
is there a minimum period from sending him the letter?
Customer: replied 1 year ago.
I don't know any solicitor to write me a letter.
any recommendations?

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.

Customer: replied 1 year ago.
Because I need the letter to be headed letter.Do you think I need representatives in court or can I represent myself?

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.

Customer: replied 1 year ago.
Can you please explain how do I expose myself to the other side’s cost

Because there is a greater chance of losing as you don't have representation.

Customer: replied 1 year ago.
thank you for staying with me.
if I pursue this matter in court.
can I claim my expenses from him?
many thanks

I have made a further offer for you.

Jo C., Barrister
Category: Law
Satisfied Customers: 80396
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

If you won't in court you could claim your costs but obviously only if he has money.